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Fraud & Misrepresentation
The law recognizes two kinds of fraud: actual fraud and constructive fraud.
To sustain an action for actual fraud, a plaintiff must prove:
(1) that the defendant made a representation
(2) as to a material fact
(3) which was false
(4) and known to be false by the defendant
(5) that the representation was made for the purpose of inducing the other party to rely upon it
(6) that the other party rightfully did so rely on that statement
(7) in ignorance of its falsity
(8) to his injury.
Conversely, constructive fraud may be defined as a breach of a duty which, irrespective of moral guilt and intent, the law declares fraudulent because of its tendency to deceive, to violate a confidence or to injure public or private interests which the law deems worthy of special protection.
We recognize that a business – no matter the size – and its owners, partners and shareholders are challenged with substantially greater exposure to legal issues than any individual would on a daily basis. Whether it involves not being paid for outstanding invoices, disputes with partners, employment-related issues, understanding corporate regulations, engaging with litigious vendors, or a variety of other business litigation issues, you will need to be represented by an attorney and law firm which can not only get the work done, but will work WITH you at solving your problems. Our experience in large New York City commercial litigation law firms and representing Fortune 500 companies prepared us for meeting the challenges you face.
Contracts And Agreements
Having seen, witnessed and represented clients on various causes for breach of contract, it is imperative to have a knowledgeable business lawyer be able to draft contracts and agreements such as purchase and sale agreements, marketing-agency agreements, affiliate agreements, an operating agreement, joint ventures, and partnership agreements. A well-prepared contract or agreement can save you lots of money and future litigation aggravation.
Breach Of Contract
In almost every commercial litigation dispute, there are two sides alleging completely incongruent positions.
The essential elements of a breach of contract cause of action are:
(i) the existence of a contract
(ii) the plaintiff’s (or claimant’s) performance pursuant to the contract;
(iii) the defendant’s breach of his or her contractual obligations
(iv) and damages resulting from the breach.
Generally, a party alleging a breach of contract must demonstrate the existence of a contract reflecting the terms and conditions of their purported agreement. Furthermore, a plaintiff’s allegations must identify the provisions of the contract that were breached.
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Our team of experienced and hard-working attorneys can guide you through each and every scenario of Business Litigation. We pride ourselves on making these complex matters easier to understand and provide compassionate services that make the process easier to cope with. Let us guide you through your troubling time.
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Vision... We See Beyond Conflicts
When it comes to representing our clients, there’s really only one option: individualized attention. You will never be just another file. We understand one hat does not fit all and that each client has different needs. We take the extra time to give each of our clients the personal attention they deserve!