Disputed Contract – International Trade

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7^TH Circuit Court of Appeals

Case Name: VLM Food Trading International v. Illinois Trading company

Case No.: 14-2776

Officials: EASTERBROOK, ROVNER, and SYKES, Circuit Judges

Practice Area: Disputed Contract – International Trade

Dispute arises over attorney fees provision of supplier contract.

“Each Illinois Trading purchase order met all the Convention’s criteria for an offer; they included sufficiently definite terms, were directed to VLM specifically, and indicated that Illinois Trading intended to be bound by VLM’s acceptance. See Convention art. 14(1). Each of VLM’s confirmation e-mails was, in turn, an effective acceptance of Illinois Trading’s offer because each one confirmed and accepted the terms of the purchase order. Id. art. 18(1).2 As such, the contracts were formed when Illinois Trading received VLM’s confirmation e-mails. Id. art. 18(2). The attorney’s fees provision was not part of the agreement described in the purchase orders and the e-mail confirmations; that term first appeared in the trailing invoices that were mailed to Illinois Trading after VLM delivered the produce.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.