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Law Offices of Jonathan M. Cooper

Q:
What part of a New York breach of contract claim is most important to prove?

A:
Whether you entered into an agreement with a friend, colleague, vendor, business, family member, or ex-spouse, the requirements for proving a breach of contract in New York remain the same. To prevail, you must show:
  • An enforceable agreement exists; 
  • The plaintiff fulfilled his obligations;
  • The defendant breached the agreement; and
  • The plaintiff sustained damages as a direct result.

Of these requirements, proving that an enforceable agreement existed between you and the other party is most important. Without this showing, your claim will fail. Under New York contract law, an enforceable agreement might exist even if there was no written agreement in place. Our free book, When You Don’t Have a Written Agreement, offers more information.

In other instances, such as where the agreement must be in writing under the New York Statute of Frauds, the contract could be unenforceable. In addition, your contract could be deemed unenforceable if it is illegal or goes against public policy.

To prove that your agreement is enforceable, a New York breach of contract lawyer will analyze the specific facts and circumstances surrounding your contract. One example of the attorney’s analysis includes determining whether the agreement is sufficiently definite. Since proving enforceability is vital to your cause of action, it is essential that you seek guidance from an experienced New York business litigation attorney.

For more information about enforceability and proving a breach of contract claim, contact a New York breach of contract attorney at (888) 497-3410 for a consultation.