It is well understood that an agent may bind a principal to a contract. For example, if you own a business and authorize one of your employees to sign a contract, the company is liable for any obligations under the contract. If you then fail to perform, the other party

When acquiring a business through an asset purchase agreement, it is important to understand what specific obligations the buyer takes on from the seller. A well-drafted purchase agreement should identify the exact assets and liabilities transferred from the buyer to the seller. Any ambiguity in the agreement may lead to costly litigation even

When it comes to any type of business contract, it is always best to get it in writing. New York, like many states, has a Statute of Frauds, which specifies when agreements must be in writing to be enforceable in court. For example, a “contract to pay compensation for services rendered”

If you rent a commercial property, such as a storefront, and your landlord claims you are in violation of your lease, what legal remedies do you have? Specifically, how can you prevent a quick eviction before you even have a chance to remedy or contest the alleged violation? In New

In order to sue someone for breach of contract, obviously there must be a contract between the parties. While an oral (unwritten) contract may be enforceable, there must still be proof of an agreement between the parties. Under New York law, there must be “mutual assent” between the parties. A

Written contracts are the basis of most business relationships. When a dispute arises between parties to the contract, it is important the original, signed agreement is available. This is especially important if there is litigation and a judge or jury must interpret the agreement. In civil cases, such as breach

Civil litigation is often a daunting prospect for business owners and other litigants who may be confused by the complexity of the New York court system. There are many types of courts that hear civil claims, and many people may not even know where to begin when they need to

The Supreme Court of New York County recently heard a Motion for Summary Judgment (MSJ) in the case of Barak v. Jaff. This case involved several elements of an action for breach of contract, and arguably a relatively one-sided factual background favoring the plaintiff – yet the educational point of this case

One function of a contract is to establish certain rights between and among the parties. If the parties decline to enforce such rights, or modify them through their own conduct, a court can take such actions into consideration when hearing a breach of contract case. As one New York appeals

​In New York, the rules of the road require drivers to exercise ordinary care in operating their vehicles. A driver may be held liable for “ordinary negligence” if he or she fails to observe basic traffic rules. But these standards are not necessarily applicable to government-owned vehicles. A police car