Académique Documents
Professionnel Documents
Culture Documents
August 2010
Volume 2
Issue 8
Taking Time Out to Say Despite being constrained to dismiss the plaintiff’s breach of contract
“Thank You” for Your claim, the Court still found in favor of the accountant. How is that possible,
Referrals you ask? Through a legal mechanism called “quantum meruit,” where you
can still recover the reasonable value of the services that you rendered.
As many of you know, perhaps
the most sincere form of flattery The moral of this story should be fairly obvious: just because you don’t have
is when someone that you know a written contract doesn’t mean that you can’t recover your losses .
actually refers another person to
your practice or business.
How to Prove a Negligent
So, from my perspective, the
very least I can do is Misrepresentation Claim Under NY Law
acknowledge those people who
have recently referred business Before addressing how you prove a negligent misrepresentation claim, we
to my firm, and to publicly say first have to define what it is – and what it isn’t.
“Thank You!”
Unlike its cousin, the fraud claim, negligent misrepresentation does not
Nahum Spirn – referral of require a showing of malicious intent or recklessness by the defendant;
a personal injury client; rather, it requires that the plaintiff prove the following by a preponderance
Allan J. Weiss, Esq. –
of the evidence:
referral of a breach of
contract matter.
(1) awareness by the defendant that his statement was to be used for a
Please keep them coming! I particular purpose or purposes;
really appreciate it!
Continued on page 3
For more articles, reports, videos, news and analysis on these and other important legal issues
Visit our Web Site at www.JonathanCooperLaw. com
August 2010 Newsletter Page 2
New York City Mind you, I’m not saying there was any specific nefarious intent by
the school administration; although not very admirable, it is
135 West 29th Street perfectly normal for people to try to deflect blame away from
Suite 801 themselves when a terrible accident occurs.
New York, NY 10001
(By Appt. Only) But these examples underscore the importance of gathering all the
necessary evidence in order to undercut this defense, particularly
We Appreciate Your witnesses, who can support your version of events that the child was
Referrals! not in fact picked up from school before the incident took place. It
will help assure that you do everything possible to maximize the
value of your child's accident claim.
This publication is intended to educate small businesses and individuals about general litigation matters,
as well as personal injury and defective product issues. It is not intended to be legal advice, and does not
constitute an attorney-client relationship until we have a written agreement. To discuss your particular
issues or case, please contact the Law Offices of Jonathan Cooper at 516.791.5700.
August 2010 Newsletter Page 3
This new FREE Book, which explains some of the ways that you can
still recover your losses – even when you don’t have a written
contract - is available to be downloaded directly from:
www. JonathanCooperLaw.com
How to Prove a Negligent Misrepresentation Claim
cont’d from page 1
(3) some conduct by the defendants linking them to the plaintiffs and evincing
defendants’ awareness of their reliance;
(5) that these misstatements resulted from the defendant’s negligence and/or
lack of due diligence;
Phone:
516.791.5700
Fax:
516.791.8188
E-mail:
jcooper@JonathanCooperlaw.com