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Manhattan contract law attorneysContracts are an inevitable part of life for most people, and business owners, in particular.  Contracts also take many different forms, from express written commitments such as a signed lease to unwritten but enforceable oral contracts. Examples of oral contracts include when you call a plumber to fix a problem in your home, and he or she does, but you do not have this in writing. You cannot, in such a case, refuse to pay because the contract was not in writing. Whether a contract is in writing or oral, if you fail to perform as agreed, you can be sued for breach of contract.

Breach of Contract in New York

For someone to sue you in New York for breach of contract, he or she must show that you committed a “material breach” of the contract terms. A material breach is generally deemed to be doing or not doing something that significantly frustrates or altogether defeats the purpose of the contract. In addition to the breach, the person suing you must show that he or she suffered a monetary loss as a result of the breach.

For example, assume you are a window replacement contractor, and you are hired to replace ten windows in someone’s home at a price of $1,000 per window. The homeowner paid you $5,000 before you did any work, and you sent your workers to start the project. However, due to unavoidable circumstances, you discover that your team will not be able to complete all ten windows. At the time you realize this, your workers have only been able to replace only two windows.

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New York employment law attorneysIt is not unusual for people to enter into various agreements with others but fail or neglect to have those agreements down in writing. Under New York and other state laws, an employment agreement must be in writing in order to be enforced, but there are exceptions that could be made.

Employment Without a Written Agreement

In certain cases, an employer may, in good faith, extend a job offer to you, but due to changed economic circumstances or other reasons, the employer either withdraws the offer before you report to work or terminates your employment soon thereafter. If either occurs, then the issue becomes whether you have any recourse against that employer.

Statute of Frauds

To resolve the issue of whether an employer has rightly withdrawn an offer of employment or has properly terminated your employment, the first thing to do is determine whether the Statute of Frauds applies.

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New York breach of contract lawyersAmerica has the reputation of being the most litigious country in the world. The common belief is that you can sue or be sued for anything. This is, in fact, not true and by that we mean you cannot sue or be sued for anything. In order to file a civil lawsuit in New York, there are basic requirements that you must satisfy.

Elements of a Breach of Contract Case

In a breach of contract case, the following elements must be established even before a case proceeds to trial:

  • A valid and enforceable contract exists;
  • The plaintiff’s performance of the contract;
  • The alleged breach by the defendant; and
  • Damages or remedies being sought.

You must have evidence in the form of documents and witnesses to prove each one of these elements. If the evidence is not enough, the person or business you are suing can seek to have the case dismissed without a trial. 

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