Breach of contract.

Practice point: Dismissal of the breach of contract counterclaims was required, inasmuch as the parties agreed that there would be no binding agreement until their execution of a written contract, but no such contract was ever executed.

Student note: The freedom to contract includes the freedom to avoid oral agreements, a  freedom that is especially important when business entrepreneurs and corporations engage in substantial and complex dealings. New York courts will allow sophisticated parties operating in the business world to decide when and how they wish to enter into legally enforceable contracts.

Case: StarVest Partners II, L.P. v. Emportal, Inc., NY Slip Op 09145 (1st Dept. 2012).

Here is the decision.

Monday’s issue: A health club’s liability, and the Good Samaritan law.