As a research attorney, I will gather and analyze the statutes, precedents, and case law related to Contract, Breach of Contract, Broken Promise, and Business Law in the jurisdiction of New York.
1. Written Contract and Written Contract in New York:
To understand the law regarding written contracts in New York, we can refer to the relevant statutes and case law.
Statute:
– New York General Obligations Law, Section 5-701: This statute requires certain contracts to be in writing in order to be enforceable. It lists specific types of contracts that fall within this requirement.
Case Law:
– Beatty v. Guggenheim Exploration Co., 225 N.Y. 380 (1919): In this case, the court held that a written contract can be enforced strictly according to its terms and should be interpreted based on what the parties intended.
2. Plaintiff Did What was Required, Defendant Failed to Perform as Required, Plaintiff Suffered Harm, Plaintiff’s Harm was Caused by Defendant’s Breach in New York:
To analyze the elements of a breach of contract claim in New York, including plaintiff’s performance, defendant’s failure, harm suffered, and causation, we can consider the following:
Statute:
– New York Uniform Commercial Code (UCC), Section 2-711: This statute provides remedies for the buyer in the event of a seller’s breach, including damages and specific performance.
Case Law:
– 4ME, Inc. v. Time Warner Cable Inc., 42 A.D.3d 736 (2d Dept. 2007): In this case, the court held that a plaintiff can establish a breach of contract claim by demonstrating that they performed their obligations, the defendant failed to perform as required, the plaintiff suffered harm, and the harm was caused by the defendant’s breach.
3. Pay me money monthly and I read and relied on their ads in New York:
To determine the legal implications of a promise to pay money monthly based on advertisements in New York, we can consider the following:
Case Law:
– Raynor v. Indigo Partners LLC, 28 N.Y.3d 1067 (2016): In this case, the court held that where an advertisement makes a specific promise, and a plaintiff reasonably relies on that promise, then a breach of contract claim may arise.
4. Amount That Reasonably Compensates Plaintiff for Harm Caused by Breach, Reasonably Foreseeable At Time of Contract, Prove Amount Due Under Contract and $225,000 in New York:
To analyze the issues regarding the amount of compensation for harm caused by a breach, including foreseeability and the burden of proving the amount due:
Statute:
– New York Civil Practice Law and Rules (CPLR), Section 3211: This statute allows a defendant to move for dismissal if the defendant can show that the plaintiff has not stated a cause of action.
Case Law:
– Kenford Co. v. County of Erie, 73 N.Y.2d 312 (1989): This case established the principle that damages for a breach of contract should be based on what was reasonably foreseeable at the time of contract formation.
5. I paid and got zero:
To address the situation where payment was made but the plaintiff received nothing, we can consider the following:
Case Law:
– Zoghlin Group v. ECB Investments LLC, 92 A.D.3d 952 (2d Dept. 2012): In this case, the court held that a plaintiff can bring a breach of contract claim if they can demonstrate that they paid for a service or product that was not delivered.
It is important to note that legal analysis can be complex and ultimately depends on the specific facts and circumstances of the case. Consulting with an attorney who specializes in New York contract law would be advisable for a thorough evaluation of the situation.