Who bears the risk when contracts do not turn out as expected?

We try to avoid headlines that are as vague as this one, but it seemed a fitting way to discuss this month’s case, in which the first sentence of the court’s decision states: “Contracts do not always turn out the way a party expects.” That is quite an understatement.

Most of our columns discuss this precise situation: One party expected something from a contract, failed to achieve its expectations, and then asked a court to help. We suspect that most readers evaluate our description of the dispute, and then have a strong sense of which party should win

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