Blog Posts in April, 2016

Can I Get Out of a Contract Due to "Mutual Mistake"?

One of the most important concepts in business law is mutual assent or the “meeting of the minds.” At its most basic, mutual assent refers to the common understanding among all parties to a contract. For instance, if Bill offers Jane $1 for an apple, but Jane thought that Bill had offered her $2 for an orange, there is no meeting of the minds, and therefore no contract between them. Court Voids ...

Can You Sue the Government in Small Claims Court?

Small claims court offers a venue for New York residents and businesses to deal with certain legal disputes under a simplified, less formal process than the regular civil court system. A “small claim” under New York law refers to a case where the plaintiff is seeking no more than $5,000 in monetary damages. In fact, a plaintiff can only seek monetary damages in this type of proceeding. A small ...

When is a Party Liable for a Business Partner's Debts?

A partnership refers to any association of two or more persons for the purpose of carrying on some business. A written agreement is not necessary to form a partnership under New York law. A court may determine that a partnership exists based on the conduct of the parties involved. Upstate Resort Dispute Leads to Lawsuit Against “Development Partner” Whether a partnership—sometimes referred to as a ...