commercial litigation

Commercial litigation refers to situations that involve the rights, relations, and conduct of persons and/or businesses engaging with each other. To protect your rights you need experienced competent and detail-oriented attorneys that will litigate vigorously on your behalf. You may not know your rights and what your options are – Baron Associates P.C. is well versed in commercial litigation cases whether Plaintiff’s or Defendant’s side so call us today.

commercial litigation

Baron Associates P.C. deals with a wide variety of cases. Litigation is an important aspect of the legal process and it is important to have experienced litigators on your side. Baron Associates P.C. handles various types of commercial litigation including but not limited to:

  • Disputes between corporations.
  • Defending commercial entities.
  • Defending individuals in complex matters.
  • Contract disputes.

To protect you rights you need experienced competent and detail-oriented attorneys that will litigate vigorously on your behalf. If you are a defendant in a lawsuit you may be worried about your livelihood, your assets and your future. Being named in a lawsuit is an uncomfortable and even a scary situation. You may not know your rights and what your options are. Baron Associates P.C. is well versed in commercial litigation cases whether Plaintiff’s or Defendant’s side.

To make sure you’re in the best possible position whether you are bringing a lawsuit or are a defendant in a lawsuit, is to have as much documentary evidence as possible. The following may be helpful evidence in a dispute:

  • Contract executed by all parties involved.
  • Invoices.
  • Amendments to the contact.
  • Letters, e-mails and/or correspondences between parties.
  • Partnership agreements
  • Corporate documents.

If a dispute has arisen and you need representation it is vital to consult with an attorney as soon as possible. There are various statutes of limitations that need to be abided by whether your dispute is a contract issue or another complex dispute.  It is important to consult with a law firm that knows the relevant laws. Similar to bringing a lawsuit, if you are a defendant in a lawsuit you have to abide by the Civil Practice Laws & Rules (CPLR) in order to interpose a timely answer. By failing to abide by relevant statutes your rights may be prejudiced.

In a commercial litigation matter you want a law firm that is aggressive, knowledgeable and detail-oriented to provide you the representation you need.

Fraud

The legal definition of Fraud is that it is a false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

What this means is that fraud is when an individual deceives another person for their advantage and that person relies on an individual’s misrepresentation that wrongfully transferred a right, interest or property to them.

In New York, fraud can come in many forms such as: fraudulent inducement, fraudulent concealment, or misrepresentation, all of which are prohibited under both the common law and the Deceptive Practices Act. It is strongly recommended to strategize with your attorney to see which category your situation falls under and what can or could be done.

Hypothetically, when attempting to obtain compensation for fraudulent inducement, you will be required to prove a misrepresentation (basically a lie) or material omission of fact (important information was withheld) that was known by the defendant. You also would need to prove that the deception was made in order to convince or trick you to rely on it, you actually did rely on it, and you were harmed as a result of relying on it.

If you choose to bring a lawsuit under the Deceptive Practices Act, by contrast, different elements must be proven. To bring a claim under New York General Business Law section 349, a plaintiff and their attorney must establish that a business’ act or practice was misleading, the act or practice was consumer-oriented, and harm resulted from the deceptive practice or act. There is no need to prove any intent to mislead.

If you have been charged with fraud or have been defrauded yourself in the state of New York, it is important to obtain legal counsel as soon as possible. An experienced attorney such as Baron Associates P.C. can either help you mount a strong defense to help defeat or minimize the consequences you are facing or find you compensation for being defrauded.

breach of contract

A contract is an agreement that the law will enforce. Although the word “contract” often refers to a written document, a writing is not always necessary to create a contract. An agreement may be binding on both parties even though it is oral.

A contract needs three things to be legal and binding:

  • Offer and acceptance
  • Intention
  • And Consideration

Contract law follows what a parties’ intent is deemed to be; what a reasonable person in the position of the other party would think that the first party’s objective intent meant. For instance, in deciding whether A intended to make an offer to B, the issue is whether A’s conduct reasonably indicated to one in B’s position that A was making an offer.

Contracts are the basis of a business, mutual promises that promote confidence and a viable business model. If you operate as a business, it is important to know that The New York Commercial Code treats businesses differently than mere individuals who sign a contract. The law expects businesses to act in good faith and adhere to certain well-understood business principals. Generally, the terms of the contract will prevail; however, certain terms may not be enforceable if they unfair.

Even if you’re an individual who regularly deals in a certain type of business, you may be treated as a business. For example, the terms of a contract between two people, as individuals, will usually be construed and enforced rather strictly. However, the terms of a contract between business entities can be construed and enforced much more loosely. This means, even if the other side breaches, you may still be required to perform.

Businesses and individuals may face a breach of contract claim at some point. If either party to a contract fails to perform its promises, a contract dispute may arise. Generally, the final written version of the contract will control the outcome of a dispute over a breach in a court of law.

Outright refusal or failure to perform on a contract is less common than disputed claims of a breach. How a contract should be interpreted is partly a matter of case law or precedent – what courts have done in prior similar circumstances. Sometimes, contracts are held by courts to be invalid. Reasons for this result include failure to satisfy the basic requirements of a contract or, occasionally, fundamental unfairness. We can advise you on the contract in question and represent you in seeking resolution of the dispute.

There are two types of relief available for breach of contract: damages and specific performance. Damages are financial compensation intended to compensate the aggrieved party. Specific performance is available in certain situations where financial compensation is not enough. The court can force the parties execute the contract, when unique goods such as real estate or artwork, for example, are involved. Even if a contract proves void, you can still recover for unjust enrichment.

If you, your business, or a loved one has been damaged due to a breach of contract it is important to have an aggressive, knowledgeable and compassionate law firm to represent you. Baron Associates P.C. is a law firm with experience handling all aspects of contract breaches.

Brooklyn, New York

Contact Baron Associates P.C. Law Firm for a Free Consultation

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