How “Reliance Damages” Can Remedy a Breach of Contract

In a breach of contract case, the party claiming injury may seek what are known as ‘reliance damages,’ typically after a thorough discovery process has established the facts. As the New York Court of Appeals has explained, this refers to “damages based on [the injured party’s] reliance interest, including expenditures

When Does Federal Law Preempt State Law in a Breach of Contract Case?

Although most breach of contract and civil litigation cases fall under state law, there are times when federal law overrides or “preempts” such claims. This means that even if you can prove your case under New York state law, it will not matter, as a federal statute with different provisions

Never Rely on “Oral” Modifications to a Lease

Many landlord-tenant disputes arise because of differing interpretations of the parties’ lease. Remember, a lease is a written contract, and like any contract, a court will look to its express terms in determining what the parties agreed to. This can prove especially important when one party claims there was a

The Difficulty of Suing Private Associations in Court

Voluntary associations provide many important civil and cultural functions. When disagreements arise over an association’s internal rules, can an aggrieved party sue for breach of contract? An unusual case playing out before the New York courts offers some insight on this question. Man Banned from Dog Shows Cannot Claim Breach

What Constitutes Fraud in a Business Relationship?

Business deals can go bad for several reasons, many of which do not lead to litigation. But there are instances where one party believes it is the victim of fraud or fraudulent concealment, and in such cases it may opt to bring civil litigation. Under New York law, a person

Oral Partnership Agreements Can Lead to Problems

Many people form partnerships to invest in other businesses. Such investment partnerships may include family and friends. While you may be tempted to rely on a handshake or familial goodwill in such circumstances, it is always advisable to get a partnership agreement in writing. Among other reasons, a written agreement

Dealing With Mortgage Lenders who Engage in Unfair Business Practices

If you are taking out a mortgage to finance a real estate purchase, it is always a good idea to work with an attorney, in part to protect yourself against potentially predatory lending practices such as excessive fees or hidden payments that can cost you thousands of dollars. Many buyers

How Long Does a Contract Last?

As a general rule, a contract may be terminated by either party unless they agree to a definite term. For example, if John Doe agrees to pay Jane Smith $500 per week for consulting services, this arrangement may continue indefinitely until either side decides to cancel the arrangement. However, if

How Does the Uniform Commercial Code Apply to Business Contracts?

Business contracts dealing with the sales of goods are generally governed by the New York Uniform Commercial Code (UCC). The UCC helps promote uniformity among state laws, which is often useful in commercial sales as goods are frequently purchased and shipped across state lines. The UCC often comes into play

Dealing With “Ambiguous” Language in a Business Contract

Breach of contract cases often turn on whether any part of the written agreement between the parties is ambiguous. An ambiguity exists whenever a term lends itself to more than one “reasonable” interpretation. New York courts look to the “plain meaning” of such terms to resolve any ambiguities, as well