Latest News from the Office

A discussion of the latest developments in law that we find interesting.

A MODEST PROVISION: (ANTI-)SANDBAGGING - Part IV

C. Delaware 1. Delaware’s Express Warranty StatuteWhile the California court rejected the idea of using the language from the Uniform Commercial Code,[1]the New York court based its analysis on this section.

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A MODEST PROVISION: (ANTI-)SANDBAGGING - Part III

B. New York*1. Crocker-Wheeler Elec. Co. v Johns-Pratt Co.*One of the earliest cases to deal with the subject of reliance upon a representation, Crocker-Wheeler presents an instance in which a manufacturer of wiring insulation was sued over the product claims.

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A MODEST PROVISION: (ANTI-)SANDBAGGING - Part II

I. The Law TodayMany states have yet to consider the issue of whether a buyer must show reliance in order to proceed with a claim of breach of express warranty. Two states, however, have considered the issue a number of times, and reached almost polar opposite conclusions.

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A MODEST PROVISION: (ANTI-)SANDBAGGING - Part I

IntroductionIn the area of post-closing indemnification clauses, there exists a subset of provisions sometimes referred to as the sandbagging, or anti-sandbagging, provision. A sandbagging provision, often labeled as “Expectations” or “Benefit of the Bargain,” will generally provide that the right to indemnification is not affected by the knowledge of either party at any time.

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