Voiding a Contract on the Basis of Economic Duress
- Nov 25 2019
Economic duress, like duress, generally, provides an injured party with grounds to void a contract. Proof of the existence of economic duress requires a showing that one party to a …
Posts Tagged ‘ Breach of Contract ’
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Contract Must Be Enforced According to Its Clear and Concise Terms Says Second Department
- Nov 6 2019
Under New York’s rules of contract interpretation, “when parties set down their agreement in a clear, complete document, their writing should be enforced according to its terms.” Riverside S. Planning …
The Economic Loss Doctrine and the Split of Authority Within the Southern District of New York
- Oct 18 2019
Readers of this Blog know that, as a general matter, New York courts will not permit a tort claim to survive a motion to dismiss when the claim arises from …
Lost Profit Damages: It Makes A Difference in Proof Whether the Damages Alleged Are General or Special
- Oct 16 2019
In today’s commercial world, businesses claiming breach of an agreement often seek lost profits resulting from the breach. The hurdle that the plaintiff must overcome when seeking such relief, however, …
Oral Assurances That Conflict with Written Policies and Statutory Requirements Held Insufficient to Support Injunctive Relief
- Oct 9 2019
It is not uncommon for a client to claim that he/she had an agreement with another based on oral representations that were not memorialized in the writing between them. The …
Court Finds Issues of Fact as To The Existence and Enforceability of An Implied Contract
- Sep 16 2019
This Blog has often written about contract issues; in particular, the enforceability of a contract whether it be oral or written. In today’s post, we examine an implied contract – …
Breach of Contract and Broken Cookies with Fraud and Fiduciary Duty Sprinkles
- Aug 5 2019
There is almost nothing more frustrating, or potentially costlier, to a business than a dispute over the meaning of a contract. Such disputes can take many forms. It may be …
Court Dismisses Fraud Counterclaim as Being Duplicative of Contract Claim
- May 3 2019
In Siwiec v. United Rest. Group Inc., 2019 N.Y. Slip Op. 31152(U) (Sup. Ct. Kings County Apr. 11, 2019) (here), the Court reminds litigants that if they want to bring …
Third Department Affirms Dismissal of Contract Claim Due to Shortened Limitations Provision in Insurance Policy
- Apr 15 2019
In Deutsche Bank National Trust Co. v. Flagstar Capital Markets, the New York Court of Appeals held that an agreement to “delay the commencement” of the statute of limitations “was …
Terms of Service in “Clickwrap” Agreement Sufficient to Bar Negligence Claim
- Feb 22 2019
In today’s world of e-commerce, a person cannot buy something online, subscribe to a service, or join a club or organization without agreeing to the provider’s “terms of service”. These …
