New York Contract Law 

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Resources on contract law in New York, including legal advice and consultants.
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Guide to New York Contract Law Education and Training

Get the right training to protect your business with New York state contract law

By Emmet McMahan


New York contract law is an exchange of promises that is enforceable by law. New York contract law education and training includes a broad range of issues, such as the sale of property, the terms of employment or the settlement of a dispute.

Contract law of New York state allows both written and oral contracts. A written contract may be required when making a large purchase such as a car or house, while a smaller purchase like a book may be considered an oral contract. A contract typically requires the following three elements in order to be enforceable:
  1. Mutual consent. The contract law of New York requires that the parties agree on what the contract covers.
  2. Mutual consideration. The parties must exchange something of value. A contract may not be enforceable if a party is already obligated to provide the consideration or if the consideration is essentially worthless.
  3. Offer and acceptance. The contract contains an offer from one party that is accepted by the other party. A counter-offer is not an acceptance and is typically considered to be a rejection of the offer.

Action Steps
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Attend a law school that specializes in New York contracts law

There are a variety of universities in New York that provide a concentration in commercial law or business law, which typically includes coursework on New York contract law.

I recommend: Cornell University Law School provides first year students with a solid grounding in New York contract law. New York University School of Law has a program that provides a focus on business law, which includes a course in contracts.

Obtain Continuing Legal Education (CLE) for a contract attorney in New York

New York requires attorneys to stay current on changes in the law through CLE courses. There are a variety of education and training programs in New York that provide CLE credit in contract law.

I recommend: The New York County Lawyer's Association offers a course on construction contracts that provides CLE credit in New York. Law.com CLE Center provides a package that meets all the New York CLE requirements and includes courses on contract law.

Learn through professional training opportunities on contract law in New York

Conferences, seminars and workshops are excellent methods for New York contract lawyers to improve their knowledge of the law. This training is typically provided by professional associations, law firms or dedicated providers of legal training.

I recommend: Seminar Information Service offers a list of seminars in New York that provide training in contract law. The National Association of Purchasing Management provides regularly scheduled seminars on the aspects of New York contract law that deal with purchase management.

Tips & Tactics

Helpful advice for making the most of this Guide

  • •  A New York contract lawyer should join professional organizations that are dedicated to the practice of contract law in NY. These associations provide a number of resources essential for the practicing contract law attorney, including contact information for important courts, assistance with meeting CLE requirements and links to the recent contract law rulings.
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Guide to New York Contract Law

Understand New York contract law to protect your business, clients and customers

By Patti Richards, Free Lance Writer, PGWRites Communications


New York state contract law helps protect business owners entering into agreements with suppliers and contractors. Contract law in New York State helps keep boundaries between companies clear and working relationships positive.

A contract attorney in New York makes it their business to protect yours. Having the right contract law attorney in New York keeps business owners aware of their rights and responsibilities. Without a contract law attorney in NY, the terms of your agreement may not be as clear as you need them to be.

Contract law in New York allows businesses to agree on terms beneficial to both. With the right contract law in New York, businesses grow in both size and profitability. Quality contract law in New York helps reduce the need to go to court when clearly written. New York Contract law will:

1. Protect business owners from law suits between parties based on New York contract law.

2. Provide clear guidelines between businesses and their contractors.

3. Help business owners maintain good relationships between themselves and their contractors.

4. Eliminate the need for court appearances and costly law suits related to New York contract law issues.


Action Steps
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Work with an experienced New York contract lawyer

Not all attorneys specialize in contract law. Finding an attorney who knows New York contract law well is the first step to getting quality contracts.

I recommend: Ingram Yuzek Gainen Carroll & Bertolotti, LLP and Haynes and Boone, LLP of New York City specialize in all types of corporate law, including contracts.

Understand how the independent contractor relationship works under New York State contract law

Even independent contractors need the services of a quality legal team. Large companies who provide contractor services have the right legal team behind them to make sure you're getting what you pay for.

I recommend: Visit the New York State Department of Labor Independent Contractor webpage for information on how contract law governs the contract relationship. Also check out the NFIB report on Independednt Contractors in New York.

Get a basic working knowledge of NY state contract law before entering into service contracts

It pays to have a basic understanding of some of your rights under New York state contract law before visiting your contract law attorney. Good information helps you ask the right questions and understand some of the terms the attorney might use.

I recommend: FindLaw provides some basic information about contract law for the business owner or independent contractor. Lawyers.com has message boards so you can obtain feedback almost instantly.

Tips & Tactics

Helpful advice for making the most of this Guide

  • •  Stay away from pre printed contracts you might find on the Internet. Contract law in NY is highly specialized and having qualified legal counsel is priceless when entering into any contract.
  • •  Don't ever sign a contract until you completely understand the terms of the agreement. Contracts are legally binding and difficult to break once signed.
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Guide to New York Contract Law Key Terms

Understand the terminology associated with New York contract law

By Mary Yamin-Garone


Contracts are an important part of our daily lives. They govern all written—and occasionally verbal—agreements between individuals and businesses. These legal documents define the terms of employment, settle a dispute, establish ownership and detail the conditions of the sale of goods or property. New York contract law works to establish clear parameters between businesses (or persons) and effective working partnerships. Before entering into a contract in New York State, you should become familiar with some basic legal terminology.

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Statute of frauds

In contract law, a statute of frauds calls for specific contracts to be in writing if they are to be enforced. These documents typically include those to sell, lease or mortgage real estate; contracts that, based on their terms and conditions, cannot be carried out within one year from the date of creation; prenuptial and collateral agreements and those contracts used for selling goods worth more than $500.

I recommend: Justia US Laws explains New York State’s statute of frauds and how it applies to contract law.

Anticipatory repudiation

Anticipatory repudiation is a breach of contract that happens when one party explicitly proclaims they do not intend to hold up their part of the contract. In such cases, the other party may decide to terminate the contract and sue for damages for the anticipatory repudiation.

I recommend: Law.onecle defines anticipatory repudiation in New York State contract law. New York's Cornell University defines anticipatory repudiation.

Acceptance

Acceptance means just that-accepting or agreeing with a proposal's terms and conditions. Once an offer is accepted, a contract can be drawn up. An employee who agrees to work for established wages is a form of acceptance.

I recommend: New York Law of Contracts provides more information on acceptance in New York State contract law.

Consideration

Consideration is essential to creating a contract. It can take the form of an incentive, cost or reason-whatever motivates a party (of parties) to enter into an agreement. Paying rent in exchange for the right to rent or lease an apartment or house is an example of consideration.

I recommend: Find out about consideration in New York State contract law by visiting Baron Associates P.C.

Legally binding

To be legally binding, the parties involved must be in agreement regarding the terms and conditions specified in a verbal or written contract and something of value must change hands.

I recommend: DirectoryM gives a more detailed explanation of what it takes to make a legally binding contract in New York State.

Contract drafting

Contract drafting is an essential part of New York law that involves putting together a logical, all-inclusive, legally-binding agreement. Intellectual Property law (IP) is case in point. This area of the law can involve multi-million dollar contracts that affect individuals and businesses.

I recommend: New York County Lawyer’s Association explains the importance of contract drafting. Learn more about New York's contract law at Education Portal.

Acceptance

Acceptance means just that-accepting or agreeing with a proposal's terms and conditions. Once an offer is accepted, a contract can be drawn up. An employee who agrees to work for established wages is a form of acceptance.

I recommend: Google Books provides more information on acceptance in New York State contract law.

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Guide to New York Contract Law News and Trends

Build your law practice by keeping informed on news of New York State contract law

By Emmet McMahan


Attorneys in New York have good reason to stay informed on New York contract law news and trends. Attorneys need to keep track of current forms and procedures in New York contract law. A court can also make a new ruling in cases involving contract law, which can affect the way these attorneys do their jobs. Attorneys also may need to stay updated on what the public is saying about contract law, in order to correct any misconceptions they may have.

The best sources of information on news and trends for contract law in NY may be grouped into the following three categories:
  1. Government websites on NYS contract law. These sites are the best source of official news on New York contract law, such as current procedures or rulings.
  2. Independent sources of news on New York contract laws, such as blogs, magazines and newspapers. These sources are the most likely to provide news and opinions on contract law that do not rely on any particular business or lobby group.
  3. Contract law attorneys. Legal professionals may be able to provide inside news and information on contract law.


Action Steps
The best contacts and resources to help you get it done


Find state websites with official news and other information on New York contracts law

New York government websites are the best places to get the latest news about New York contract law. A New York government website also may publish the state statutes to help attorneys stay informed on the latest legislation that relates to New York contract law.

I recommend: The Civil Court Of The City Of New York provides a recent decision involving a breach of contract suit in New York. The New York State Bar Association publishes the NY Business Law Journal, which contains recent court decisions on contract law in New York.

Examine independent sources of news and trends on contract law in New York state

Universities, law libraries and other organizations frequently report on recent court cases and legislative updates on New York contract law. Individuals also may keep blogs and journals on contract law in New York.

I recommend: No-Fault Paradise contains a recent post on a case involving a contract dispute in New York. ContractsProf Blog provides a post on the possibility of breach of contract suits by passengers stranded at New York's Kennedy International airport.

Find inside news on contract law from a contract attorney in New York

A contract law attorney for New York frequently have information on New York law that is not available elsewhere. These attorneys may publish newsletters or full length articles on a particular aspect of contract law in New York.

I recommend: Kramer Levin provides a variety of articles on contract law in New York, including those on emails that constitute contracts. McGlinchey Stafford has offices in New York and provides information on upcoming changes to the False Claims Act.

Tips & Tactics

Helpful advice for making the most of this Guide

  • •  New York contract law specifies the conditions under which a contract may be enforceable. Generally, a valid contract between party A and party B requires that party A gives something of value to party B, and party B must give something of value to party A. The two parties also must agree on the items of value. Contracts made under duress or coercion are generally unenforceable.
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New York Contract Law Education and Training

Get the right training to protect your business with New York state contract law.
New York contract law is an exchange of promises that is enforceable by law. New York contract law education and training includes a broad range of issues, such as the sale of property, the terms of employment or the settlement of a dispute.Contract law of New York state allows both written and oral contracts. A written contract may be required when making a large purchase such as a car or house, while a smaller purchase ... Read more