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.