Can I sue for breach of contract

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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