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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
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Experience:  Run my own successful business/contract law practice.
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Mr. Kaplun, He did say he his counter suing us in small

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Mr. Kaplun,

He did say he his counter suing us in small claims court for"breach of contract and deformation of character". Another issue I am having is that the court date I will absolutely not be able to make. I wrote the court a letter and they said I would have to call the next day and find out if or when the case was adjourned, or I can have a lawyer present on my behalf.. is that true? Does he have a ligitament counterclaim with "breach of contract" because there is nothing is the contract that states that we were responsible for all of the money is we chose to cancel. Thanks for your help!
Submitted: 3 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. My apologies on my delay, I was in meetings all day until just now.

He is free to attempt to sue you for "breach" if he can prove it--from your facts I do not remember any grounds under which he can attempt the claim. You also probably meant "defamation of character", or essentially he is claiming that you lying about his character.

Another issue I am having is that the court date I will absolutely not be able to make. I wrote the court a letter and they said I would have to call the next day and find out if or when the case was adjourned, or I can have a lawyer present on my behalf.. is that true?
Yes, that is correct--you are free to seek what is known as a "continuance" on grounds that you will be unavailable

Does he have a ligitament counterclaim with "breach of contract" because there is nothing is the contract that states that we were responsible for all of the money is we chose to cancel.
That is really up to the court to decide. While it is possible that they can convince the judge that you "materially breached" the contract, that is, you completely did not perform anything, it is highly unlikely, especially if by canceling they denied you the ability to ultimately attempt to remedy the contract and complete the work.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/4/2011 at 12:20 AM EST
Customer: replied 3 years ago.

So can he sue for defamation of character? Do they do that in small claims court?

 

Also, what does "materially breached the contract" mean? I know you explained it, but in this case, there was nothing for me to perform.

 

And in this particular case, what do you mean by "denied me the ability to attempt to remedy the contract and complete the work"? We fired him and didn't want his work because of his lies, false advertisements and not doing anything that he said he did (like paying other vendors).

Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up. I will go down line-by-line to ensure I do not miss anything.

So can he sue for defamation of character? Do they do that in small claims court?

While he can pursue a defamation claim, that is very hard claim to prevail under. It is also usually not permitted in small claims but must instead be done at circuit or district court level.

 

 

Also, what does "materially breached the contract" mean? I know you explained it, but in this case, there was nothing for me to perform.

My apologies, I got confused with the parties--I thought you were the person who ended up not doing the work.

There are typically two types of breach, a "material" breach, or a "minor" breach. A "material" breach is where the breach is so serious that is completely destroys the contract and the obligations of parties. A "minor" breach, on the other hand, while still a possible violation under the contract, still permits the contract to go forward (for example if a person requests 10 platters at a party and only 8 are provided, while it a breach, it is not deemed a complete killer of the agreement).

 

 

And in this particular case, what do you mean by "denied me the ability to attempt to remedy the contract and complete the work"? We fired him and didn't want his work because of his lies, false advertisements and not doing anything that he said he did (like paying other vendors).

As stated above I got confused with the identity--my extreme apologies. However what I stated does work as his defense. his best claim here is that by firing him too early, you took away his ability to actually complete the agreement. That, however, is a weak counter-argument if you requested assurances (proof), that he was actually performing the first place. By not paying 3rd parties, you have enough evidence to claim breach and attempt to cancel the contract.

 

Good luck.



Edited by Dimitry Alexander Kaplun on 2/4/2011 at 1:03 AM EST
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 37479
Experience: Run my own successful business/contract law practice.
Dimitry K., Esq. and 5 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Any chance you would represent me that day, since I will not be able to attend?
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up.

 

I am sorry but I am unable to represent you due to site rules. My apologies.

Customer: replied 3 years ago.
I appreciate your adherence of policies and regulations. Thank you.

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