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Law Offices of Jonathan M. Cooper

Q:
What are some actions I should consider taking if I suspect that the other party to my New York contract is not going to fulfill its end of the deal?

A:

Sometimes, a breach of contract can be anticipated well before it ever actually happens. A recent example involves the popular photo app Instagram, owned by social media giant Facebook. Instagram changed its terms of service, which prompted one user to file a lawsuit alleging breach of contract. The user alleges that certain actions called for under the new terms of service will breach the agreement that was in place when the user first became a customer. What should you do if you find yourself anticipating the breach of a New York contract? The following is a list of steps to take:

  • Immediately contact an experienced New York breach of contract lawyer for guidance.
  • Obtain copies of the contract and all supporting documentation.
  • Consider what factors led you to believe that the other party is going to breach your agreement.
  • Gather evidence that supports your belief that the other party is going to breach the contract, such as written statements of intent.
  • If the contract involves the sale of goods, consider issuing a demand letter requesting that the other party provide you with assurance that it will fulfill its part of the contract.

These are just a few of the many actions that should be taken to protect your rights in the event of a breach of contract. Fortunately, your attorney can help guide you through this process. To learn more about anticipatory breaches of contract and other business litigation matters, contact an experienced New York breach of contract attorney today. Call our office at (888) 497-3410 for a consultation.