Plaintiff's lawyer told defendant he would have to return the money under certain conditions. Plaintiff received no confirmation of payment. Plaintiff did not receive any documents of ownership of the painting. Plaintiff claims the painting had no market value at the time it was sold. In a later auction, the painting was sold for 1,100,000. During the three-year period that the parties were in the contractual relationship, the plaintiff had paid defendants 3,000 for services rendered; he received no confirmation of payment or a receipt showing he was entitled to payment. (a) Does Plaintiff's Failure To Get Confirmation Of Payment Under the Law Represent a Defense to Defendant's Breach of the Contract? The first section of the contract to this complaint is section B. The only condition of the contract is that plaintiff's payments will be confirmed once a month. This condition is a requirement and not a limitation of the contract. In other words, under this contract, the parties could not agree to condition the payment of certain payments on the debtor's receipt of certain other payments. This requirement of confirmation of payment may be viewed as contrary to the fundamental purpose of the contract, to provide a guarantee of the payment of certain payments. But because there is no other way the payment could be guaranteed, the contract cannot be considered a breach within reason. To establish the existence of a breach, plaintiff may have a defense that defendant broke the contract in violation of section B. The plaintiff's defense is that section B, the provision requiring the seller to acknowledge receipt of monthly confirmations of payment was an unreasonable condition imposed upon it by defendant. The plaintiff contends he had a reasonable understanding that, pursuant to section B, the seller would receive a receipt of monthly payments for services rendered in exchange for the sale of the painting. In other words, plaintiff had a reasonable expectation of receiving the monthly confirmations of payment. Defendant claims the requirement to receive monthly confirmations of payment was imposed by section B as a standard condition of the contract and not an unreasonable condition. It is incontrovertible that even the plaintiff's attorney knew what section B required. As noted above, the parties signed a contract that gave them the right to an exchange of goods or services to be determined by market value and that the contract was to be enforced by the courts on the basis of market value. It would be odd if a contract, entered into by an arm's length party, providing a right of return of money with a payment agreement, would be given enforceable.
Get the free the commercial division law report form - nycourts
Show details
Index No. 602511/2009 12/2/09 Yates J.. Class Action CPLR 901 CPLR 902 Transportation Corporations Law 27 General Business Law 349 CPLR is published four times per year by the Commercial Division of the Supreme Court of the LAW REPORT Editors Kevin Egan Esq. THE COMMERCIAL DIVISION LAW REPORT A report on leading decisions issued by the Justices of the Commercial Division of the Supreme Court of the State of New York Hon. Jonathan Lippman Hon. Ann...
We are not affiliated with any brand or entity on this form
Get, Create, Make and Sign
Edit your the commercial division law form online
Type text, complete fillable fields, insert images, highlight or blackout data for discretion, add comments, and more.
Add your legally-binding signature
Draw or type your signature, upload a signature image, or capture it with your digital camera.
Share your form instantly
Email, fax, or share your the commercial division law form via URL. You can also download, print, or export forms to your preferred cloud storage service.
How to edit the commercial division law online
Here are the steps you need to follow to get started with our professional PDF editor:
1
Create an account. Begin by choosing Start Free Trial and, if you are a new user, establish a profile.
2
Prepare a file. Use the Add New button to start a new project. Then, using your device, upload your file to the system by importing it from internal mail, the cloud, or adding its URL.
3
Edit the commercial division law. Add and change text, add new objects, move pages, add watermarks and page numbers, and more. Then click Done when you're done editing and go to the Documents tab to merge or split the file. If you want to lock or unlock the file, click the lock or unlock button.
4
Save your file. Select it from your list of records. Then, move your cursor to the right toolbar and choose one of the exporting options. You can save it in multiple formats, download it as a PDF, send it by email, or store it in the cloud, among other things.
With pdfFiller, it's always easy to work with documents.
Fill form : Try Risk Free
For pdfFiller’s FAQs
Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
What is form commercial division law?
Form commercial division law is a legal document or form that is required to be filed in compliance with the commercial division law. It typically contains information related to commercial activities or business divisions.
Who is required to file form commercial division law?
The specific requirements for filing form commercial division law may vary depending on the jurisdiction and applicable laws. Generally, commercial entities or businesses engaged in commercial activities are required to file this form.
How to fill out form commercial division law?
The process of filling out form commercial division law may vary depending on the jurisdiction and the specific requirements of the form. Typically, it involves providing accurate and detailed information about the commercial activities or business divisions. It is recommended to consult legal professionals or review the instructions provided with the form for precise guidance.
What is the purpose of form commercial division law?
The main purpose of form commercial division law is to ensure compliance with the commercial division law and facilitate the collection of relevant information related to commercial activities or business divisions. It helps regulators, authorities, or legal entities to monitor and regulate commercial operations effectively.
What information must be reported on form commercial division law?
The specific information required to be reported on form commercial division law may vary depending on the jurisdiction and applicable laws. Generally, it may include details about the commercial entity or business division, such as its name, address, contact information, nature of business, financial information, ownership structure, etc.
When is the deadline to file form commercial division law in 2023?
As the specific deadline for filing form commercial division law can vary by jurisdiction and applicable laws, it is advisable to consult the regulatory authorities or legal professionals for accurate information regarding the deadline in 2023.
What is the penalty for the late filing of form commercial division law?
The penalties for the late filing of form commercial division law can vary depending on the jurisdiction and applicable laws. Generally, it may include fines, penalties, late fees, or other regulatory sanctions. It is advisable to consult the regulatory authorities or legal professionals to obtain precise information about the penalties for late filing.
How do I make edits in the commercial division law without leaving Chrome?
Get and add pdfFiller Google Chrome Extension to your browser to edit, fill out and eSign your the commercial division law, which you can open in the editor directly from a Google search page in just one click. Execute your fillable documents from any internet-connected device without leaving Chrome.
How do I edit the commercial division law on an Android device?
You can make any changes to PDF files, such as the commercial division law, with the help of the pdfFiller mobile app for Android. Edit, sign, and send documents right from your mobile device. Install the app and streamline your document management wherever you are.
How do I fill out the commercial division law on an Android device?
On Android, use the pdfFiller mobile app to finish your the commercial division law. Adding, editing, deleting text, signing, annotating, and more are all available with the app. All you need is a smartphone and internet.
Fill out your the commercial division law online with pdfFiller!
pdfFiller is an end-to-end solution for managing, creating, and editing documents and forms in the cloud. Save time and hassle by preparing your tax forms online.
Not the form you were looking for?
Keywords
Related Forms
If you believe that this page should be taken down, please follow our DMCA take down process
here
.
