Breach of Contract

Contracts are legally enforceable agreements.  Parties to a contract can record — or memorialize — their agreement in writing, or in many cases, may rely instead upon an oral meeting of the minds.

When one party fails to substantially perform its contractual duties, the other party may have a right to file suit arising out of that breach of contract.  That suit may seek compensation for damages or, in some cases, force the breaching party to perform its obligations in accordance with the agreement.

In New York, a breach of contract claim generally must be brought within six years from the time that the claim accrued, typically considered the time that the contract was breached.   This statute of limitations also would restrict the time to file similar claims such as lawsuits seeking to recover damages for non-payment related to a promissory note.

New York law also recognizes numerous defenses to claims for breach of contract. In addition to requiring a plaintiff to prove the existence of a valid contract, a party, for example, must also demonstrate that it did not contribute to the alleged breach of contract.

Even where no contract exists, quasi-contractual relief may be available.  Examples of quasi-contractual claims include unjust enrichment and promissory estoppel.

The Law Office of Adam G. Singer, PLLC represents companies and individuals prosecuting — and defending against  — claims arising from a breach of an agreement.

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