does the Statue of Frauds Apply?
This is a discussion on does the Statue of Frauds Apply? within the Business Contracts & Partnerships forum, part of the BUSINESS & FINANCE LAW category; My company entered into a three year consulting agreement with a NY company. My company was given a written contract. ...
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#1 |
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Join Date: May 2007
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My company entered into a three year consulting agreement with a NY company. My company was given a written contract.
After approximately nine months the NY company unilaterally ended the contract citing cash flow issues. The Contract did not contain a clause allowing for termination for this reason and my company is taking the matter to arbitration as the agreed method in the contract to resolve any disputes and is looking for compensation for breach of contract. At the time the NY company terminated the contract the agreement was NOT signed, however the agreement WAS subsequently signed by both parties. Does the Statute of Frauds apply in this case as the contract was over a 1 year period or since the contract ran for nine months there was strong evidence that the parties intended to be bound by the contract? Would it also be possible to claim that there was also an oral agreement in place as well thus making an oral contract enforceable? In the process of arbitration does the arbitrator usually look at other circumstances outside the law or sticks closely to the law as if the process was being dealt with by the courts? |
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#2 |
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however the agreement WAS subsequently signed by both parties.
Did the signed agreement have an effective date as of the first time you started dealing with each other? |
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#3 |
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The contract had a stated start date and was for a three year period.
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#4 |
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It does reach back to the start date if it says effective as of___
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