The less than common excuse for a plaintiff not satisfying a required element of a breach of contract claim known as the prevention doctrine was addressed in the recent Delaware Court of Chancery decision styled World Energy, LLC v. Air Products and Chemicals, Inc., C.A. No. 2025-0912-MTZ (Del. Ch. July 6, 2026). The court
mutual mistake
No Reformation for Investors Who Signed Agreement Without Reading
By Francis Pileggi on
Posted in Court of Chancery Updates
A recent Delaware Court of Chancery opinion is notable to the extent that it provides another example of how difficult it is to prevail on a claim for reformation of a contract. See In re 11 West Partners, LLC, C.A. No. 2017-0568-SG (Cons.) (Del. Ch. Mar. 20, 2019).
Brief Background:
This case involves …
Chancery Reforms Scrivener’s Error; Imposes Attorneys’ Fees on Attorney/Party Who Stayed Knowingly Silent about Mistake
By Francis Pileggi on
Posted in Court of Chancery Updates
ASB Allegiance Real Estate Fund v. Scion Breckenridge Managing Member LLC, C.A. No. 5843-VCL (Del. Ch. May 16, 2012).
Issue Addressed: Should a real estate joint venture agreement be reformed to correct a scrivener’s error in the provisions of an agreement that “departed from settled real estate practice and produced an economically irrational…
Investment Fund Partners Required to Make Capital Call; Chancery Rejects Supervening Frustration Argument
By Francis Pileggi on
Posted in Court of Chancery Updates
McReynolds v. Trilantic Capital Partners IV, L.P., C.A. No. 5025-VCL (Del. Ch. Sept. 23, 2010), read opinion here.
Short Overview
The Delaware Court of Chancery rejected the argument of certain limited partners of an investment fund who filed suit to assert that they should be entitled to "back out" of the investment fund…