Running a business is busy work. Disputes among employees and clients are bound to happen sooner or later. Sometimes these disputes end up in court. Most of them are resolved, however, without going that far.
Commercial Attorney New York There are several instances that will increase the likelihood of litigation. Whenever these lines are crossed, you’ll need an attorney you can trust.
Breach of Contract Whenever two parties enter into a contract, they are considered legally bound to carry out the conditions. Misunderstandings account for a large portion of breach of contract violations.
The burden of proof is upon the plaintiff in these situations. They must prove at least four key points.
- Plaintiff must prove that a valid contract exists and that both parties signed it.
- Plaintiff must prove that the Defendant clearly breached the contract.
- Plaintiff must prove that they (Plaintiff) did NOT breach the contract.
- Plaintiff must prove that they were negatively impacted by the breach in contract. In New York, Defendants can offer a number of defenses.
Defendants can argue they agreed to the contract under duress, that the contract has been fulfilled or satisfied, that the contract terms are impossible, or that the contract itself is unreasonable. Fraud Fraud is a common occurrence across all industries. As usual, the burden of proof is upon the Plaintiff. They must be able to prove that the Defendant made false claims that were presented as bring true. The Plaintiff must also prove that the Defendant lied. Conclusion Businesses are fervently protected by commercial attorneys New York. One of the biggest mistakes business owners make is going too far into the process without a competent attorney in their corner.