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Thinking of Everything: Ambiguous Contract Terms in New York


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1/1/2016
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When drafting a contract, it is nearly impossible to envision every potential scenario that might arise and cause conflict between the parties. Unfortunately, it is these situations that will often give rise to a breach of contract claim in New York. Provisions within a contract that are unclear are typically held to be favorable to the non-drafting party. For assistance determining whether the provision to a New York contract might be ambiguous, contact a breach of contract attorney in New York today.

 

A recent lawsuit highlights the problems that can arise when issues come up that were not planned for at the time of drafting. Ken State University has filed a lawsuit seeking over a hundred million in damages from its former coach. The University alleges that the coach’s decision to leave while still under contract is a blatant, clear breach. The coach, however, claims that the athletic director gave him permission to interview for other positions. New York court would likely have tried to assess whether the contract was ambiguous as to this point.

 

While reviewing the facts and circumstances surrounding your potential breach of contract action, your attorney will likely consider several scenarios. For example, in the matter involving Kent State, your attorney may consider:

 

  1. Were there any provisions within the partnership agreement that addressed the University granting permission for the coach to engage in behavior that would otherwise constitute a breach?
  2. Was there any language within the agreement relating to the coach interviewing with other universities that was not definite, clear, and precise?
  3. If the language was not definite and clear, was there a reasonable basis for a difference of opinion?
  4. Did the language of the agreement as a whole indicate intent to give the coach permission to interview with other universities, provided the school granted its approval?

 

For more information, contact an experienced New York breach of contract attorney today. Call our office at 888.497.3410 for a consultation.



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