What Constitutes Breach of Contract in New York?

Contracts form the backbone of business and personal agreements, ensuring that all parties uphold their obligations. When one party fails to meet these obligations, it may be considered a breach of contract. In New York, understanding what qualifies as a breach and the available remedies is essential for protecting your legal and financial interests.

Types of Breach of Contract

New York law generally recognizes several types of contract breaches:

• Material Breach – A significant failure to perform contractual duties, often allowing the non-breaching party to terminate the agreement and seek damages.
• Minor Breach – A partial failure that does not entirely undermine the contract but may still give rise to compensation.
• Anticipatory Breach – When one party clearly indicates, through words or actions, that they will not fulfill their obligations before the performance is due.

Proving a Breach of Contract

To establish a breach of contract claim in New York, the following elements must be proven:

1. A valid contract existed.
2. The plaintiff performed their contractual obligations.
3. The defendant failed to perform as agreed.
4. The plaintiff suffered damages as a direct result of the breach.

Remedies for Breach of Contract

When a contract is breached, New York law allows for different remedies, including:

• Monetary Damages – Compensation for financial losses.
• Specific Performance – A court order requiring the breaching party to fulfill their obligations.
• Rescission – Termination of the contract, releasing both parties from further obligations.

Protecting Your Rights

Contracts can be complex, and disputes often arise over interpretation, performance, or damages. Having skilled legal guidance can make a significant difference in resolving these issues.

At Law Offices of Benjamin B. Neschis, P.C., we can provide legal assistance to the New York City public in handling breach of contract claims and protecting your interests.