Contract Law

A SAMPLING OF “CONTRACT LAW” ISSUES ADDRESSED IN THE NEW YORK APPELLATE DIGEST SEARCHABLE DATABASE

CONTRACT LAW issues in this database are pervasive. A small, incomplete sample includes:

Judicial Interpretation Criteria;

Violation of Public Policy;

Illegality;

General Obligations Law;

Voluntary Payment Doctrine;

Volunteer Agreements (employment law);

Arbitration Clauses (parties obligated to arbitrate);

Releases; (employee cannot release employer from liability for employer’s negligence, releases are binding contracts, etc.);

Stipulations;

Prenuptial Agreements;

Postnuptial Agreements;

Settlements;

Real Estate Purchase Contracts;

Specific Performance;

Leases;

Proprietary Leases (attorney’s fees);

Pleading requirements (breach of contract, delivered goods, etc.):

Money Had and Received;

Unjust Enrichment;

Espinal factors (negligence);

Home Improvement License requirement (pleading);

Stipulation of Discontinuance;

Land Contracts;

Installment Contracts;

Indemnification Clauses;

Statute of Frauds;

Promissory Estoppel;

Right of First Refusal;

Fee-splitting (physicians cannot enter fee-splitting agreements with non-physicians);

Residential Mortgage-Backed Securities;

Warranties and Representations Clauses;

Insurance Policies (exclusions);

Additional Insureds;

Forum Selection Clauses;

Choice of Law;

Partnership Agreements;

Third-Party Beneficiaries;

Fraudulent Inducement;

Ambiguity;

Apparent Authority;

Time of the Essence;

Joint Venture Agreement;

Notwithstanding Clauses;

Contractual Statutes of Limitations;

Covenant Not to Compete;

Damages (breach of contract);

Real Estate Broker Commissions;

Quantum Meruit;

Prevailing Wage violation;

Collective Bargaining Agreements;

Oral Agreements;

Continuing Wrong Doctrine;

Borrowing Statute;

Contract Clause (Constitution);

Conversion;

Presumption Contract was Read;

Reliance on Assurances of Others;

Shareholders’ Agreements;

Options;

Notice;

Limited Liability Company Operating Agreements;

Liquidated Damages;

Condominium Declaration and Offering Plain;

Partnership Agreements.