Can I sue for breach of contract

UPDATED: Sep 30, 2022

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Can I sue for breach of contract

I ordered 50 garments to be made and on the website it says it will be
completed from 5-7 days. I contacted them, inquired by when will my
merchandise be completed they informed me basically in two weeks… Which
obviously does not comply with their 5-7 days policy. I also asked if any thing
can be done and they did not accommodate me in any way. Can I sue for this?

Asked on November 15, 2016 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If time is of the essence--e.g. you will miss a deadline for a sale (if you are distributor, retailer, reseller, etc.) or a big event (e.g. if you're making them for a wedding, a parade, a fashion show, etc.), then you may be able to terminate the transaction for material breach of contract and/or sue for meaningful monetary compensation (e.g. a loss you can show flowed out of the delay). But only "material," or important/critical, breaches allow termination of a contract; and while you can often sue for some compensation for lesser breaches, the amount of money you can get is directly related to the loss the breach causes you. So if the delay, while frustrating, costs you nothing or only a small amount of money, there is no point in going through the expense and trouble of a lawsuit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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