Blog Posts in March, 2013

Do You Know What You Have Agreed To

Most breach of contracts cases are primarily controlled by the contract at the center of the issue. Courts try to resolve as much as possible by looking at the terms of the contract. Additional information is only allowed when the contract is unclear or if there is a possibility of fraud or a misrepresentation. When deciding whether a contract has ambiguous or unclear terms, it is not enough for ...

Did You Bring Your Case in Time

Litigation is made up of multiple steps. Every litigation participant is promised a speedy trial. While the time it takes to get through a case may seem long, it could always take longer. When bringing a case to court a plaintiff has a lot of responsibilities. In an effort to balance the time a plaintiff needs to bring a good case and the time it takes the defendant to defend himself or herself ...

Do You Know the Terms of Your Contract

When basing a lawsuit on a contract, the written agreement is very important. When you go to court with a written contract, it becomes difficult to introduce any additional evidence that contradicts its terms, unless it is also written out and signed, or initialed, by the involved parties. Take for example the case of 1526 Central Avenue Associates (“CAA”), which sued The New York Mortgage Company ...

If You Act Like Is a Valid Contract It May Be Di

Actions speak louder than words, and this is especially true in litigation. If you question the validity of the terms of a contract or actions of a potential litigant, it is in your best interest to say something. It may not solve the problem, but behaving as if everything is ok may cause problems if you to try litigate over the issue later. In the New York case, T. Reagan Trucking, Inc. v. Creer ...

Is Your Contract a Binding One

Not all agreements are contracts. A contract is an agreement between at least two parties, where one party promises to do something and, in return the other person provides a benefit. The benefit can be anything the receiving party finds valuable, but it is usually money. Not all valid contracts are binding at the time of creation. The point at which a contract becomes binding depends on the ...

In a Breach of Contract Case You Must Provide a

Sometimes even the most obvious part of proving a case--like showing a copy of contract--can decide the legal matter. For example, take the case of JP Morgan Chase Bank v. Rabel . JP Morgan Chase, N.A. (“Chase”) is suing Ms. Rabel for breaching a loan contract. Ms. Rabel received a loan through Chase to finance her purchase of a car. In the beginning, Ms. Table made timely payments, but after ...

When Are You Stopped From Bringing a Contract Cl

In the case of Church on Rock North vs. Church Mutual Insurance Company , Church on Rock North (“North Church”) is suing its insurance company Church Mutual Insurance Company (“CMIC”) for breach of contract because CMIC did not completely pay for damages that were covered under the insurance policy. The church was struck by lightning during a storm, causing damage to its building. At first, the ...