Blog Posts in October, 2015

When is a Contract "Impossible" to Perform?

When does an outside event allow you to get out of a contract? New York law recognizes the “doctrine of impossibility,” which holds that a party may be excused from a contractual obligation under certain circumstances. As explained by the New York Court of Appeals , “the excuse of impossibility of performance is limited to the destruction of the means of performance by an act of God, vis major, or ...

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 when addressing breach of contract and related civil litigation rising from the sale of ...

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 as the overall context of the contract. Customer Sues Staples Over Extended Warranty In one ...