Helping Clients Recover in Breach of Contract Claims
When a party enters a binding agreement, they have a legal responsibility to fulfill their obligations under the contract terms. If they fail to deliver what is promised, the harmed party can potentially recover damages through a breach of contract claim.
Our New York breach of contract attorney at The Law Office of Magdalena Zalewski can assist you with claims and help you recover damages. Our experienced team of attorneys, consultants, and paralegals is familiar with navigating many contractual conflicts and can leverage our knowledge and resources to benefit your case. We are skilled commercial litigators and will vigorously work to deliver the favorable results you need and deserve.
Have you been harmed as a result of a breach of contract? Call The Law Office of Magdalena Zalewski PLLC today at (646) 941-8685 or contact us online to discuss your case with our breach of contract lawyer in New York!
The legal remedies available to you in a breach of contract case depend on the breach. Most breaches of a contract will be either “anticipatory” or “actual.”
- Actual breach of contract - refers to any situation where a party fails to deliver what was promised in a binding agreement. This includes scenarios where a party only partially fulfills its obligations. For example, a debtor may have agreed to pay back an owed amount by a specific date. An actual breach of contract occurs if this debtor fails to pay back the full amount by the due date set in the contract, even if they have paid back a percentage of what is owed.
- Anticipatory breach of contract - occurs when a party declares that they “anticipate” being unable to fulfill one or more terms of the agreement before the contractual due date. Breaching parties will sometimes signal an anticipatory breach as a show of good faith, as the advance notice theoretically gives the impacted parties more time to adapt and respond. For example, a debtor may inform creditors that they cannot make scheduled payment installments.
- Material breaches of contract - if the failure to honor the terms of the contract is substantial. Material breaches generally include scenarios where a debtor fails to pay back a creditor, as the debtor did not honor a vital element of the binding agreement.
- Minor breaches of contract - if a party fails to perform some element of the contract despite delivering a majority of what was promised. This category can apply to situations where a debtor ultimately pays what is owed under a contract but does so after the specified due date.
Any breach of contract can cause significant damage. Written and oral agreements are both subject to a breach of contract rules. Our New York breach of contract attorneys can evaluate your situation and help you understand what remedies may be available in your case.
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When you are the victim of a breach of contract, you have the right to pursue legal action and potentially recover damages. Compensatory damages compensate you for any losses you experienced due to the breach.
Expectation damages are intended to cover what you would have received had the contract’s terms been honored. If a binding agreement involved the repayment of a debt, a court might award you compensatory expectation damages consisting of the amount owed under the contract.
Consequential damages cover indirect damages suffered as a result of a breach. These types of damages can be more challenging to secure, as they demonstrate that the breached contract resulted in losses beyond the scope of the binding agreement.
For example, say your firm needs a certain amount of capital to complete a forthcoming lucrative transaction. Your firm expects to have this capital because you contract with another party to provide the necessary capital by a certain date. However, the contracted party fails to produce the capital by the date specified in the contract. As a result, the lucrative transaction falls through. You may be able to argue that you are entitled to consequential damages related to the separate lucrative transaction due to the contracted party’s failure to provide the necessary capital.
Breaching parties may attempt to file for bankruptcy to shield themselves from legal action, especially if their breaches involve failure to pay debts. Some may also engage in fraudulent activity, including preferential claims, actual fraudulent transfers, and constructive fraudulent transfers, as a means of cheating creditors. We can aggressively pursue clawback solutions and provide comprehensive representation in these scenarios.
"I started this practice to bring genuine care to my clients, to make the complexity of law, simple."- Maggie Zalewski, Founding Attorney
The Law Office of Magdalena Zalewski offers large firm knowledge and might with boutique firm speeds and personal attention.
Our New York breach of contract lawyers serve commercial clients all over the United States and can help you recover what you are owed. We handle each case with the utmost integrity and will work to secure the maximum possible compensation when your contractual rights have been violated.
Contact The Law Office of Magdalena Zalewski PLLC today to schedule a FREE initial consultation with our breach of contract attorney in New York!