Giving Two Contract Provisions Their Intended Meaning
- Jan 6 2025
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
Category: Contracts
Attorneys May Be Awarded Fees When Contractually Required
- Apr 1 2024
By: Jeffrey M. Haber Attorneys are often asked by their clients if they can sue for attorney’s fees. Whether attorney’s fees may be recovered in litigation depends on the circumstances. …
Second Department Holds That Material Term of Contract For Sale of Real Property (i.e., the Property Description) Was Too Indefinite To Enforce
- Dec 29 2023
By Jonathan H. Freiberger This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding …
Did You Unintentionally Enter Into A Settlement Agreement By Email?
- Oct 20 2023
By Jonathan H. Freiberger This Blog has previously addressed the question of whether a binding settlement can be reached through a series of emails as opposed to a fully integrated …
First Department Holds that Term Sheet is Not a Binding Contract
- Jun 16 2023
By Jonathan H. Freiberger Generally speaking, “term sheets” outline the basic terms of a transaction being negotiated by the parties thereto. This Blog has previously addressed the enforceability of “term …
Assignees Beware: The Right to Assert a Fraud Claim Related to A Contract or Note Does Not Automatically Transfer with The Assignment of the Contract or Note
- May 26 2023
Query: does the recipient of an assignment via a contract or a note automatically have the right to assert tort claims, including fraud claims, arising from that contract or note? In …
Is Your Settlement Agreement Subject to Its “Subject to” Language?
- May 12 2023
By Jonathan H. Freiberger This Blog has previously discussed issues related to whether a binding agreement (a settlement agreement or otherwise) was formed by parties to a dispute. See, e.g., …
Do Not Complain About What You Annex to Your Complaint
- May 5 2023
By Jonathan H. Freiberger Pursuant to CPLR 3014, inter alia, “[a] copy of any writing which is attached to a pleading is part thereof for all purposes.” Where “a copy …
Scrivener’s Error and Mutual Mistake
- Feb 13 2023
By: Jeffrey M. Haber As readers of this Blog know, to form a contract, the following elements must be present: an offer, acceptance of the offer, consideration, mutual assent (or …
Breach of Contract: Repudiation and Abandonment
- Feb 1 2023
By Jeffrey M. Haber Under New York law, a party’s termination of a contract is ineffective when the contract provides for notice and an opportunity to cure, and notice was …
