Published in Afik News 084 14.09.2011
Related articles
The termination of a contract due to the failure of a condition precedent does not extinguish all of its obligations
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Dispute Resolution
Following entry of a company into insolvency proceedings, a transaction counterparty announced the termination of the agreement due to the non-fulfillment of a condition precedent and began dealing directly with a foreign manufacturer despite contract terms stipulating non-compete. The Court held that the contract expired but the non-compete provision is valid. A condition precedent is […]
Initial ownership belongs to the creator who designed the work, not the technical executor, unless otherwise agreed
Copyright, Trademarks Media and Artists
Dispute Resolution
A malfunction in a drone belonging to a press photographer, who had arrived to cover the clock repair at the Jaffa Clock Tower, forced him to seek the assistance of a repair company employee to execute the shot. Consequently, the company and the employee sought recognition as the copyright holders of the photograph. The Court […]
An alteration of contract by conduct requires the parties’ full intent to be bound by this change
Parentage, Surrogacy and Adoption
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Commercial, Banking and Financial
A couple decided to undergo an In Vitro Fertilization (IVF) procedure, during which joint embryos were created and frozen. Prior to commencing the procedure, the couple signed an agreement requiring mutual consent at every stage of the process up to the transfer of the embryos into the uterus. However, before the transfer of the embryos, […]
To the extent that the parties’ intent is explicitly stated by the language of the contract, the contract shall be interpreted according to its terms
Business, Corporate and Joint Ventures
Dispute Resolution
Commercial, Banking and Financial
Companies entered into a share purchase agreement regarding the shares of “Diners.” The contract stipulated that the sellers would be entitled to contingent consideration, provided that no stay of proceedings order is issued against “Mega” which is not vacated within 60 days. Following the issuance of such an order against Mega, and despite the Mega’s […]