Thursday, December 3, 2015

An enforceable contract.

Practice point:  The Appellate Division reversed the motion court and dismissed the complaint in this action to recover damages for an alleged breach of contract.  A binding contract requires mutual assent sufficiently definite to assure that the parties are in agreement with respect to all material terms, and the contract is not enforceable if a court cannot determine what the parties have agreed to. If the agreement is not reasonably certain in its material terms, there is no legally enforceable contract.

Student note:  The essential elements of a cause of action to recover damages for breach of contract are the existence of a contract, the plaintiff's performance pursuant to the contract, the defendant's breach of its contractual obligations, and damages resulting from the breach.

Case:  Carione v. Hickey, 08700 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  CPLR 4401 and 4404(a).