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Law Offices of Jonathan M. Cooper

Q:
Can I recover for my lost earnings after the other party breaches our New York contract?

A:

If a party to your New York contract breached the agreement, you might be entitled to damages for your lost earnings. The amount of damages you are entitled to depends on the facts and circumstances surrounding your claim. It is therefore very important to consult with an experienced New York business litigation lawyer for guidance.

In a recent filing, the former boyfriend of pop star Shakira filed a breach of contract against the singer, alleging that she failed to adhere to the terms of their agreement. According to the ex-boyfriend, their agreement called for the singer to pay him a portion of her earnings in exchange for his contributions to her marketing campaign.

What types of damages might a party to a New York contract be entitled to?

  1. Compensatory damages. These damages are designed to put the non-breaching party in as good a position as he or she would have been had the contract been performed.
  2. Punitive damages. Punitive damages are awarded as an additional recovery and are typically received only when fraudulent behavior is involved.
  3. Nominal damages. These damages are typically awarded when there is no substantial loss or injury as a result of the contract breach.
  4. Liquidated damages. These damages are a fixed or stipulated amount agreed upon by the parties in their agreement. Courts in New York will typically award liquidated damages if the amount is reasonable and actual damages are difficult to assess.

To learn more about recovering damages following a breach of contract, contact an experienced New York breach of contract attorney today. Call our office at (888) 497-3410 for a consultation.