Monthly Archives: March 2012

Preponderance Of The Evidence

I have become so accustomed to the legal language that I find it amusing when my sister (a law school professor) and I have a discussion and rattle off terms quickly.  My wife sometimes finds our terminology confusing.  [Legal disclaimer: … Continue reading

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Equitable Estoppel In New York – Detrimental Reliance

Did you rely on someone’s words in a transaction and get misled?  You should consider whether the doctrine of equitable estoppel may help you in court.  Here is the often-cited standard.

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The Implied Covenant Of Good Faith And Fair Dealing

Here is an often cited concept raised in contract litigation – the implied covenant of good faith and fair dealing:

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Unjust Enrichment – It’s Just Like It Sounds

Did someone make money off of you unfairly?  You may have a cause of action (claim) for unjust enrichment.  

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The Frustration Of Performance Defense To Breach Of Contract Claims

If you have a contract and the other party has done something to prevent you from complying with your part of the bargain and then has the audacity to sue you for breach of contract, you will want to read … Continue reading

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When The Written Agreement Is Disputed, Part Performance Can Satisfy The Statute Of Frauds

Here is an excerpt from a trial memorandum we submitted on the issue of whether the Statute of Frauds had been satisfied by partial performance of the parties.  This excerpt sets out the legal standards as developed by caselaw in … Continue reading

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Rescission Of Transactions Consummated By Fraud

Here is a short summary of the law in New York regarding rescission of transactions consummated by fraud – 

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Be Careful To Avoid Ambiguity When Drafting Agreements

When drafting an agreement, it goes without saying that you want to be as clear as possible.  Despite this adage, I find myself reviewing agreements prepared by non-attorneys and also by attorneys that make little sense.  Often, this goes unnoticed … Continue reading

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