Legal Question in Business Law in New York

Contract Dispute

A contract where did not realize that the company was under federal indictment for tax evasion. Can I get out of the contract because of this?


Asked on 11/06/03, 9:14 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Contract Dispute

Unless the contract relates to the subject of the indictment, so that you could claim fraud was involved, an unrelated situation does not automatically or litigatably negate the contract, unless they are unable to perform.

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Answered on 11/06/03, 10:23 am
Asi Kirmayer Kirmayer PLLC

Re: Contract Dispute

It very much depends on the contract. You probably can not get out of it, but it may be worth your while to consult with a lawyer. The contract may have certain representations and warranties that suggest the counter-party is in compliance with all laws or has paid its taxes. There may be fraud involved. If the counterparty is in jail and unable to perform as a result, this may also give you grounds to avoid the contract. This is very fact specific.

If you require legal advice, please do not hesitate to call me at (212) 695-6400.

Best of luck.

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WARNING: This information is not intended to constitute legal advice and should not be relied upon for any purpose in lieu of consultation with appropriate legal counsel in your own jurisdiction.

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Answered on 11/06/03, 11:13 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Contract Dispute

Depends if the indictment is germane to the subject matter of the contract, and whether you could have idscovered this fact prior to your agreeing to it with reasonable due diligence.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 11/06/03, 3:01 pm


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