discussing Commercial Litigation

Friday, July 27, 2007

Commercial Litigation

Commercial litigation is what happens when businesses are not able to resolve their disputes on their own. It happens. Like any relationship, sometimes business relationships come to an end. And, when they do, you have no choice but to consult a lawyer to protect your rights.

At the Raymond Iryami Law Firm, we strive to help our clients resolve disputes before they incur the significant time and expense of litigating a case. But that is not possible in every case, and we vigorously pursue all legal avenues through the courts of the State of New York to seek, to the fullest extent of the law, the damages or other remedies to which our clients are entitled.

Whether your dispute involves another business, your current or former business partners--or a governmental entity that has improperly violated your rights--the Raymond Iryami Law Firm can be an effective advocate for your particular grievance.

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discussing Oral Contracts Can Be Binding Too!

Thursday, July 12, 2007

Oral Contracts Can Be Binding Too!

Yes, it is usually a good idea to actually put any agreements with others into writing. And, yes, certain agreements--like an agreement to buy a house--must be in writing to be enforceable. But you can sue--or be sued--for breach of contract even if the agreement was never in writing.

A written agreement is actually one of three kinds of agreements that can be biding under law. A second kind is an oral agreement. Oral agreements, as the term suggests, are agreements that are made through spoken words. Asking the neighbor's kid to shovel your driveway for $50 might be an example of a binding oral contract.

The third kind of binding agreement is known as an implied contract. Implied contracts are made through conduct not words. Remember the squeegee men on the streets of New York City? They would rush to your car and start washing your window shield during red lights and then demand that you pay them for their service. Even though you had never asked them to wash your window shield, believe it or not, a binding implied contract could be argued to have been made by virtue of the fact that you sat there in your car watching the man perform the service and not objecting to his doing the work. (Of course, many would object but to no avail).

In the business world, the stakes are often far higher than the example of the squeegee man or the neighbor's kid. But the same concepts apply. There might be a binding agreement even if the agreement was not in writing. So a breach of contract can exist even if the agreement in question was made through spoken words or conduct.

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