ArchiveMay 2012

Wrotham Park and the scope of the “hypothetical negotiation” measure of damages

Perhaps the most obvious instance of the sophistication of English commercial law is the range of remedies it has, depending on the precise nature of and tailored to each cause of action. The most common remedy is, of course, compensation for loss, which attempts to place the claimant in the position in which he would have been had the term (in the case of contract) not been breached; an award of...

Confidentiality Agreements in M&A Transactions: Lessons from Delaware

Background Amongst legal documents in an M&A transaction, the confidentiality agreement plays an important role, as it does in other types of investment transactions (such as private equity), especially when it involves a public listed company. There are two key aspects of interest in any confidentiality agreement, which are also often the bone of contention in negotiations: (i) the scope of...

Corporate Governance in MFIs

In order to achieve greater scalability, the microfinance sector has witnessed the emergence of for-profit microfinance institutions (MFIs) that are managed on similar lines as companies. They attract investors and lenders and they even list on the stock markets. That creates a dilemma as far as boards of MFIs are concerned, as they are required to manage two interests: one being the investors...

What is “immovable property”? The law relating to fixtures to land and buildings: Part II

(The following post has been contributed by Vinod Kothari and Nidhi Ladha of Vinod Kothari & Company. The authors can be contacted at [email protected] and [email protected] respectively. This is a continuation from a previous post where the authors discuss general principles. Here, they discuss specific cases and conclude) Interesting recent cases pertaining to immovable...

What is “immovable property”? The law relating to fixtures to land and buildings: Part I

(The following post, which deals with a continuingly vexed question of law, has been contributed by Vinod Kothari and Nidhi Ladha of Vinod Kothari & Company. The authors can be contacted at [email protected] and [email protected] respectively) At first glimpse, the question –what is an immovable property – sounds too basic to warrant any attention. Land and buildings are...

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