Delaware Code

6 Del. C. § 18-1104 (2026)

Cases not provided for in this chapter

✓ current as of May 2026
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In any case not provided for in this chapter, the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern.

68 Del. Laws, c. 434, §  179 Del. Laws, c. 74, §  8
Notes of Decisions
Cited in 39 cases (13 in the last 5 years), 2010–2026 · leading case: Miller v. Fiberlight, LLC Et Al., 808 S.E.2d 75 (Ga. Ct. App. 2017).
Miller v. Fiberlight, LLC Et Al., 808 S.E.2d 75 (Ga. Ct. App. 2017). · cites it 2× “See 6 Del. C. § 18-1104 ("In any case not provided for in this chapter, the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern.”
Sofia Design & Dev. at South Brunswick, LLC v. D'Amore (In re D'Amore), 472 B.R. 679 (Bankr. D.N.J. 2012). “20, 2009) (citing See 6 Del. C. § 18-1104; Robert L. Symonds, Jr.”
South Canaan Cellular Investments, LLC v. Lackawaxen Telecom, Inc. (In Re South Canaan Cellular Investments, LLC), 427 B.R. 85 (Bankr. E.D. Pa. 2010). “See 6 Del. C. § 18-1104; Robert L. Symonds, Jr.”
Bamford v. Penfold, L.P. (Del. Ch. 2020). · cites it 2× “” 6 Del. C. § 18-1104 (2011). Applying the plain meaning of that section, the Delaware Supreme Court explained that what this means is that where the General Assembly has not defined a right, remedy, or obligation with respect to an LLC, courts should apply the common law.”
XRI Inv. Holdings LLC v. Holifield (Del. Ch. 2022). · cites it 2× “2013) (amending 6 Del. C. § 18-1104 to provide that “[i]n any case not provided for in this chapter, the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern”); The Best of Both Worlds, at 314 (noting that…”
XRI Inv. Holdings LLC v. Holifield (Del. Ch. 2022). · cites it 2× “2013) (amending 6 Del. C. § 18-1104 to provide that “[i]n any case not provided for in this chapter, the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern”); The Best of Both Worlds, at 314 (noting that…”
In re Carlisle Etcetera LLC (Del. Ch. 2015). · cites it 2× “‖ 6 Del. C. § 18-1104. If Section 18-802 did purport to establish an exclusive means to obtain dissolution and override a significant portion of this court‘s traditional equitable jurisdiction, then the validity of that aspect of the provision would raise serious constitutional…”
Angus v. Ajio, LLC (Del. Ch. 2016). “32 See 6 Del. C. § 18-1104 (“In any case not provided for in this chapter, the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern.”
CelestialRX Investments, LLCv. Joseph J. Krivulka (Del. Ch. 2017). “2013) (amending 6 Del. C. § 18-1104 to provide the following: “In any case not provided for in this chapter, the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern.”
Christopher Miller v. HCP & Co. (Del. Ch. 2018). “3 6 Del. C. § 18-1104 (“In any case not provided for in this chapter [governing LLCs], the rules of law and equity, including the rules of law and equity relating to fiduciary duties and the law merchant, shall govern.”
Domain Assocs., LLC v. Nimesh S. Shah (Del. Ch. 2018). “147 In reaching this conclusion, he relied in part on Section 15-701 of the Delaware Revised Uniform Partnership Act (the “Partnership Act”), which explicitly recognizes that after the expulsion of a partner, . . . the remaining partners may continue to operate the partnership…”
Godden v. Franco (Del. Ch. 2018). “21 6 Del. C. § 18-1104. 22 See Aloha Power Co.”
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