Words Have Meaning
- Oct 19 2022
By: Jeffrey Haber In prior articles, we have talked about the importance of saying what you mean in a contract. (E.g., here and here.) When contracts are clear and unambiguous, …
By: Jeffrey Haber In prior articles, we have talked about the importance of saying what you mean in a contract. (E.g., here and here.) When contracts are clear and unambiguous, …
By: Jeffrey M. Haber It is common to include a notice provision in commercial contracts and instruments, such as a loan, promissory note or guaranty. Notice provisions identify the party …
By: Jeffrey M. Haber It is well-settled that the arbitration provisions of the Civil Practice Law and Rules (CPLR § 7501 et seq.) evidence a legislative intent to encourage arbitration.1 …
By: Jeffrey M. Haber It is common in commercial and business contracts for the parties to agree upon the law to be applied in the event a dispute arises between …
By Jonathan H. Freiberger It is common for contracts to require that one party procure, for its own protection and for the protection of the other party, specific types of …
By: Jeffrey M. Haber In April 2021, this Blog examined the doctrines of frustration of purpose and impossibility of performance in the context of Covid-19 (here). In particular, we examined …
By: Jeffrey M. Haber “A transaction … is usurious under criminal law when it imposes an annual interest rate exceeding 25%.”1 General Obligations Law § 5–521 bars a corporation from asserting …
By: Jeffrey M. Haber Earlier this month, we wrote about how courts enforce contracts that are clear and unambiguous. The title of the article, “Contracts That Say What They Mean, …
By: Jeffrey M. Haber In New York, contracts are to be construed in accordance with the parties’ intent.1 “The best evidence of what parties to a written agreement intend is …
In New York, contracts are to be construed in accordance with the parties’ intent. See, e.g., Slatt v. Slatt, 64 N.Y.2d 966 (1985). “The best evidence of what parties to …