Q: What should I do if a party breached a New York contract but it’s difficult to determine how much the breach cost me?
At times, even when a party is clearly in breach of a New York contract, it is not easy to determine the amount of monetary damages suffered. For example, in a recent lawsuit between MGA Entertainment, Inc., and popular musician Lady Gaga, MGA alleges that Lady Gaga’s breach of their contract may cost the company millions of dollars in lost sales of a Bratz doll made to resemble the singer. Since the Lady Gaga Bratz doll has never before been sold, MGA could possibly argue that assessing the amount of damages caused by Lady Gaga’s alleged breach is too difficult. Fortunately for plaintiffs in these cases, New York contract law allows for other options to protect injured parties.
If the party to your contract breached the agreement and you are having difficulty calculating the damages that resulted, the following are helpful steps to take:
- Contact an experienced New York breach of contract attorney for guidance. The legal professional can help assess whether the facts and circumstances surrounding your claim may warrant a request that the party in breach fulfill its obligations. This is known as specific performance.
- Gather any information supporting a claim that damages are difficult to determine because the subject matter of the contract is too unique.
- Gather any information supporting a claim that damages are difficult to determine because there is not an established market value.
- Gather any information supporting a claim that money damages will not be sufficient to protect your interests.
- As part of your New York breach of contract claim, request specific performance as a remedy for the breach rather than an award of monetary damages.
To learn more about specific performance and other remedies following a breach of contract, contact a New York business litigation attorney today at (888) 497-3410 for a free consultation.