Legal Question in Business Law in New York

Whether or not you have to perform under the terms of the contract is specific to a few things:

1. Is there specific language in the contract regarding breaches?

2. Was the breach material?

3. Is there a cure period in the contract?

4. Is there a termination procedure in the contract? Or notice periods regarding the termination?

5. Do you want to continue under the terms?

6. Is there a waiver of rights under the terms of the contract?

If you can't tell, it is very fact specific.

Dave

http://nylegaladvisor.com

My colleague is correct. In order to analyze your obligations under this agreement you need to consult with an attorney admitted to practice in New York about any damages that may be owed to you and your continued and future performance. This analysis is important because you may be giving up rights or claims you have by not enforcing the breach, if a breach exists.

I would be happy to chat with you further. Feel free to contact my office at you earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (at) TheLegalist (dot) com

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Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.

As a Franchise Attorney I agree with the other attorneys. A material breach by one side usually excuses performance by the other party. But the entire contract needs to be reviewed and analyzed to determine your exactly legal position. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation