01. Corporate Law
Breach of Contract -
In New York State, “The elements of a cause of action for breach of contract are (1) formation of a contract between plaintiff and defendant, (2) performance by plaintiff, (3) defendant’s failure to perform, [and] (4) resulting damage.” 2 Leon C. Lazer, et al., New York Pattern Jury Instructions – Civil § 4.1, at 594 (2d ed. 2006); see JP Morgan Chase v. J.H. Elec. of N.Y., Inc., 69 A.D.3d 802, 803, 893 N.Y.S.2d 237 (2d Dep’t 2010); Furia v. Furia, 116 A.D.2d 694, 498 N.Y.S.2d 12, 13 (2d Dep’t 1986).
Breach by the Defendant
Breach of contract occurs when a party does not perform its contractual obligations. Disputes occur when a party does one or more of the following:
Fails to provide goods or services
Fails to issue prompt payments
Does not meet deadlines or other terms
Misinterprets the contract’s terms and conditions
Sometimes, performance is conditional upon the completion of other obligations. For example, payment may not be contractually required until goods or services are delivered. If you have met your obligations but the other party has not, then there has been a breach. However, you cannot recover damages unless the breach is “material.” A material breach is so substantial that it defeats the purpose of the contract.
The 5 Things a Plaintiff Needs to Prove to Prevail on a Fraud Claim:
That the defendant made a representation of fact;
That the defendant's representation of fact was untrue;
That the defendant either knew that its representation of fact was untrue, or that the defendant made its representation of fact with reckless disregard for its veracity;
That the defendant made its representation of fact to plaintiff in an effort to convince the plaintiff to act in reliance on said representation; and,
That the plaintiff was justified in relying on the defendant's statements, and in so doing, suffered damages as a result.