Blog Posts in February, 2016

Is Negotiating a Business Contract Via Email a Bad Idea?

Business agreements often begin with informal discussions. Once you are prepared to enter into an actual business relationship, it is important to have a written contract. If the relationship turns bad and leads to civil litigation , a New York court will want to see more than an exchange of oral promises or emails. Email, Verbal “Guarantee” Not Enough to Prove Existence of Valid Contract In early ...

Lack of Consistency Can Doom a Breach of Contract Case

In any type of business or civil litigation , it is important not to try and change legal arguments in the middle of a case or the middle of appeal. Judges are generally not sympathetic to parties who present arguments that openly contradict their prior claims. Appeals courts will not consider arguments that have not been previously addressed before a trial judge. Court Rejects Effort to Try Case ...

What Happens When Parties "Abandon" a Contract?

A contract represents a binding agreement between two or more parties. When one party fails to perform its obligations, the other parties may sue for breach of contract . There are, however, a number of defenses to a breach of contract claim. For example, if there is evidence the parties have ignored or “abandoned” the contract, the agreement is no longer enforceable in court. Courts Reject Fired ...