Photo: Brian A Jackson via Shutterstock Can an 'Agreement to Agree' Support Expectation Damages?
In this new column, Curtis Leitner, a business litigation Partner at McCarter & English's New York City Office, together with a guest columnist, analyzes developments in New York contract law from a litigation perspective.
March 01, 2023 at 11:47 AM
10 minute read
The label of "agreement to agree" is often understood as the death knell of a contract claim. Often—but not always. Under New York law, a preliminary agreement that omits material terms can still impose an obligation to negotiate in good faith toward a complete agreement.
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