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Law Offices of Jonathan M. Cooper

Q:
What happens if one party to a New York contract consents to a breach of the agreement?

A:

In certain situations, you may be able to take actions that would otherwise breach a New York contract without exposing yourself to liability. One such possible scenario is where the other party to the agreement explicitly consents to the breach. Since understanding whether there is a liability exposure requires an extensive knowledge and experience in the area of New York business litigation, it is not wise to try and judge the situation for yourself. Unfortunately, many people make this mistake. If one party to the agreement consented to the action, it is possible that you did not commit a breach. If you are in this position, consider taking the following actions:

 

  1. Contact a New York breach of contract lawyer right away for guidance.
  2. Obtain a copy of the agreement and all amendments or modifications.
  3. Review the contract to see if there is language addressing consent to potential breaches.
  4. Provide documentation of the express consent to take the action, if possible.
  5. Gather any supporting evidence that indicates the other party had knowledge of and consented to the action in question.

 

Trying to determine whether or not consent was given, or a breach occurred is very difficult without extensive experience dealing with these matters. The liability that you may be exposed to in the event of an alleged breach can be substantial. Fortunately, the Law Office of Jonathan M. Cooper can help. Contact a knowledgeable New York breach of contract attorney today for more guidance at 888.497.3410.