James Edward Stern

Trial Lawyer
Certified "Advocate" by National College of Advocacy

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A civil practice case may consist of one area of law, or several.  Personal injury law is an example of one area.  Other examples are: 

contract law and 

property law

A contract between two people consists of either (1) a promise to do something from one party in exchange for a promise to do something from another, or (2) a promise from one party to do something for actual performance of an act by another. 

Each term in a contract should be specifically written so that the obligations of both parties are very clear. Your attorney should know what a court would consider clear language and what the court would have difficulty interpreting. If the court has difficulty interpreting a contract, then it will generally look for outside information to assist in establishing the contract's meaning. 

Contract actions are filed when one party breaches a contract, of fails to perform their obligations. If a contract is breached, the court will award damages, but they will not be punitive damages. They will generally be one of three kinds of damages: 

reliance

restitution

expectancy


Reliance damages are compensation based on what the non-breaching party spent in relying on the other party to perform a contract. Restitution is limited to trying to put the non-breaching party where they would have been without the contract. Expectancy damages try to put the non-breaching party in the place they would have been in had the contract been performed. 

Property can certainly relate to contacts and contracts can relate to property. Property is basically a bundle of rights, like being able to have someone leave your property should you not want them there. Society created property rights to further its interests. Property is a legal conclusion. Some examples of property issues include: adverse possession, bailments (where one party entrusts their property to another) ,wills, estates, and trusts.

 

Admitted to Practice

All New York State Courts

U.S. Second Circuit Court of Appeals

U.S. District Court for the N.D.N.Y.

James Edward Stern
Attorney & Counselor at Law

E-Mail: info@jsternesq.com

Professional Associations

New York State Trial Lawyers Assoc.

Assoc. of Trial Lawyers of America

American Bar Association