In his complaint, Mr. Bergstein alleges that he is owed tens of millions of dollars for his role in structuring and negotiating the deals. He presents claims of:
- promissory estoppel,
- unjust enrichment, and
- breach of contract.
The lawsuit is based upon written agreements between the parties in question wherein Mr. Bergstein purports to have been guaranteed certain fees and an equity interest in Miramax.
Had the breach of contract action been brought under New York contract law, Mr. Bergstein would have to show that there was an enforceable agreement between the parties that the defendants breached. Evidence that a New York business litigation attorney might investigate include:
- the signed written agreements between the parties;
- the specific provisions contained within the contracts;
- facts in support of the quality of Mr. Bergstein’s performance; and
- facts in support of any oral agreements made between the parties.
Since a valid contract may still exist even without a written agreement, an experienced New York breach of contract lawyer will evaluate the facts and circumstances surrounding the claim to determine whether a binding contract did exist.
If you entered into an agreement that was not in writing and feel that the other party is in breach, order our free guide, When You Don’t Have a Written Agreement. To learn more about New York contract law, contact a New York breach of contract attorney today at (888) 497-3410 for a consultation.