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Litigation

: Delaware Business Litigation Report

Court Of Chancery Enjoins Termination Of Supply Contract

By Edward M. McNally

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Arkema v The Dow Chemical Company, C.A. 5479-VCP ( May 14, 2010)

When the economy is in stress, contracts to supply materials at a fixed price seem to be broken more often. This decision explains what you have to show to get  a TRO against the breaking of such a contract by the supplier.  In short, it is not easy but can be done when the ability to "cover" is not available.

Full post as published by Delaware Business Litigation Report on May 14, 2010 (boomark / email).

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