New York Breach Of Contract Legal Questions

Most contracts do not have to be notarized to be enforceable (many don't even have to be written).  However, the contract you describe sounds as if it would not be enforceable.  Whan a contract is breached, the non-breaching party is entitled to recover from the breaching party the actual damages that person suffered due to the breach (which certain qualifications.)  Sometimes, the partes can specify in the contract what those damages would be.   This is known as a liquidated damages clause.  However, for such a liquidated damages clause to be enforceable, certain conditions have to be met.  1, it has to be difficult or impossible to calculate the actual damages which would be suffered, and 2, the liquidated amount must bear some relation to the actual damages that would be anticipated from a breach.  It can't be a penalty. You can just say that if you fail to pay me back the $500 you owe me, you will owe me $10,000. More practically, if you put up your home for a bond, you may lose your home if your friend skips bail.  If he skips bail that means that he will be on the run and hiding.  Thus, even if your contract was enforced, how would you collect?  Indeed, since it appears that he doesn't have the wherewithall to post bond without your help, how could he have the money to repay you even if he didn't skip out? In short, you had better be very sure that your friend will not skip out on bail before you put up your house to bail him out.... Read More

You can sue anybody for anything, but I don't think too much of your case for two reasons.  First, while the effects could have been catastrophic and I don't blame you for being angry, you did not mention having suffered any damages from the mistake (incidentally, it isn't fraud unless you can prove that the error was deliberate, which is unlikely.  In some circumstances, however, you can assert a claim for negligent misrepresentation).  It appears that you didn't go to the hospital in reliance on Aetna's misrepresentation, but you are apparently healthy now, and don't mention anything about having lost any money.  If I drive recklessly and hit your car, I am liable to you for the damages to your car.  If I drive just as recklessly but you manage to swerve out of the way, however, you have suffered no damages and have no cifvil claim against me. Second, you asked Aetna to tell you what was in your contract.  While that's common given the complexities of health insurance policies, you could have read the policy yourself.  That may not be realstic in today's world, but it nevertheless could be a barrier to your lawsuit.... Read More

Most used car sales are "as-is", so it is your responsibility to inspect the car.  If the representation about the accident was in writing, you have a case.  If not, no one is going to support your testimony about the promise now.  You can sue, but you would have proof issues.... Read More

If you've paid the contractor what you're supposed to pay under the contract, and the contractor was supposed to finish specific work by a specific time and did not do so, you probably have an action against the contractor. However, if no dates were specified the court will impute a "reasonable" time into the contract, and depending on the scope of the work the contractor may still be in breach of contract. There's really no way to tell without more information. ... Read More

I don't think a partition action is your proper course of action.  Rather I believe you need to seek relief in the context of the matrimonial action, perhsps a motion for contempt since your ex seems to be deliberately frustrating the Court's judgment (I assume the settlement agreement was incorporated in the judgment or otherwise memorialized as an order of the Court).... Read More