Blog Posts in May, 2013

You Cannot Cancel a Contract Based On Your Own B

When a contract breach happens the other, non-breaching party to the agreement has the option of going to court to get compensation for the incomplete contract. When a contract is breached, your options in court are to either ask for the contract to be enforced or to be cancelled. The best option depends on your circumstances. Breach of contract cases can be difficult because they are based on ...

Financing Clauses in NY Real Estate Contracts

A breach of contract occurs when one party does not complete his or her requirements under a contract. Sometimes these issue may be worked out between the parties, but when it cannot, litigation is the next best option. The non-breaching party to the contract has two options when bringing the case to court, either ask for the contract to be cancelled or ask for it to be enforced. The option best ...

Did You Read Your Contract Correctly

To bring a successful breach of contract claim, you have to understand the contract as a whole as well as what is explicitly expected of each party to the contract. Many breach of contract cases are based on the misinterpretation of a term or phrase in the contract. Such misunderstandings usually end up resulting in litigation, because the parties cannot reach an agreement on the meaning of the ...

Not All Contracts Are Fair

Breach of contract cases occur when one party to the contract believes another party did not do as required under the contract. Sometimes the parties can work out the issue between themselves, but if they cannot, litigation is often the best next step. When deciding whether a party to a contract has breached the contract and the extent of damages, a court looks to previous court cases in the ...

Who Really Breached the Contract

You may consider suing for breach of contract if you believe another party to your contract did not behave as required of them under the contract. Breach of contract cases can be difficult because it is not always clear whether someone breached a contract. It is possible for parties to reasonably interpret the same terms differently, leading one party to believe there is a breach while the other ...

How Long Is Too Long To Wait To Litigate

You may have a breach of contract claim if you believe a party to your contract has not completed his or her part as expected. However, knowing when to bring an issue to court can be difficult. Often, there are steps you have to take before resorting to litigation, such as informing the other party to the contract that there is a problem and giving the party a chance address the issue. But there ...

Do You Want This Contract To Last

Contracts are entered into with the best intentions and with an expectation that all parties will fulfill their part of the deal. This, however, does not always happen. When one party breaches a contract, there are many options available to the non-breaching party. On one hand you should try to work it out, because not all breaches are intentional. Finding a way to settle it without outside help ...

Agreements Have To End Sometime

Agreements are entered into for a variety of reasons. At a minimum, most agreements record the rights and obligations of each party. After that, how detailed an agreement is depends on what the parties decide is necessary. Many types of contracts are based on an action which dictates the start and end of the agreement. For example, some sales contracts begin when an item is received and ends when ...

Can You Breach a Contract You Never Agreed To

Can You Breach a Contract You Never Agreed to? The old saying is "it's all fair in love and war," but should the same apply to business? Businesses are built on relationships and agreements, therefore trustworthiness means a lot. Everyday contracts fail. Sometimes it is because of miscommunication or confusion, but sometimes breaking a contract is an intentional act because one party thinks they ...