Q: How will a New York breach of contract lawyer help me determine whether my agreement is enforceable?
A:In order to prevail in a New York breach of contract action, you must first prove that your agreement was enforceable. Doing so requires the knowledge and experienced of a qualified New York breach of contract lawyer. Therefore, your first step should be to set up a consultation with your chosen attorney. He or she will then address the following questions to assess the enforceability of your contract:
Was there an offer and acceptance? Did one party make an offer to do or provide something, and the other party accepted?
Does the contract contain all of the material terms of the promises that each party made to each other? Examples of material terms include:
- Identification of the parties, such as names and addresses
- Description of the goods or services that one party provides
- Description of the compensation that the other party pays
- Dates, periods, or conditions under which the goods or services must be provided
- Date of the agreement
- Signatures of the parties
- Conditions for termination
- Choice of law clauses
- Alternative dispute resolution clauses
- Limitations on damages
Was there legal consideration? Did each party exchange, or promise to exchange, something of value?
Did each party have the legal capacity to enter into the contract? For example, were both parties of legal age, sound mind, or did the corporate entity have the requisite authority to enter into the agreement?
- Were the legal formalities required under contract law in New York observed?
- If the contract was not in writing, does it meet the legal requirements for a binding legal contract in New York?
To learn more about the enforceability of contracts, contact an experienced New York breach of contract attorney today. Call our office at (888) 497-3410 for a consultation.