Browsing CategoryContracts & Commercial

The UK US Trade Deal in Practice: What UK Companies Expanding to America Need to Know About Tariffs, Trade Compliance and Cross-Border Contracts

in Article Contracts & Commercial US Expansion & Setup on Share

Under Delaware law, and generally across the US, directors owe two primary fiduciary duties to the corporation and its shareholders: the duty of care and the duty of loyalty. The duty of care requires directors to make informed, deliberate decisions based on all material information reasonably available to them. This means actively participating in board meetings, reviewing corporate documents, and asking critical questions of management

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Key Contract Terms That Change When Moving from UK to US Law

in Article Contracts & Commercial on Share

When UK companies begin to operate in the United States, they often assume that the shared language and legal heritage will translate to similar contractual principles. However, this assumption can be a costly mistake. While both legal systems are rooted in common law, their paths have diverged significantly over the centuries, leading to critical differences in contract law.

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US Commercial Contracts for UK Companies: 12 Clauses That Don’t Translate From English Law

in Article Contracts & Commercial on Share
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UK companies entering the US market often rely on familiar contract language, assuming that English legal principles will apply with minor adjustments. This assumption frequently leads to risk because US commercial contracts operate within a very different legal framework. American courts place far greater emphasis on the precise wording of an agreement and are less willing to rely on implied terms or established commercial norms. As a result, clauses that feel routine under English law can behave in unexpected and sometimes costly ways once subject to US state law.

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