The Damages Requirement for a Breach of Contract Claim

You say someone breached their contract with you. Start by determining how you will measure your damages because without damage their is no breach of contract claim. Your case will be dismissed.

In New York, like other jurisdictions, a Plaintiff must prove the following elements to bring a claim for Breach of Contract:

(1) formation of a contract between plaintiff and defendant;

(2) performance by plaintiff;

(3) defendant’s failure to perform; [and]

(4) resulting damage

TYPES OF DAMAGES AWARDED BY THE COURT MAY INCLUDE:

Compensatory Damages – Plaintiff is awarded the amount of compensation that would make you whole. For example, price of the contract was $1,000 and as a result of defendant’s breach you had to pay $1,500 for the same services elsewhere. Possible court award may be $500 because you would have had to pay the $1,000 at minium anyway.

Restitution – Defendant is required to refund Plaintiff the money Plaintiff paid to the breaching party.

Liquidated Damages – if your contract has a provision which sets the damages in the event of breach that is what plaintiff is awarded.

Nominal Damages – A damage award made where there were damages were unquantifiable but the court seeks to award the bare minimum for the sake of recognizing the harm. It could be as small as $1.00 so its not worth the time, effort and expense.

Quantum Meruit – Plaintiff is awarded payment for work that plaintiff completed if the defendant who hired plaintiff reneged on the contract before it was complete. Typically a service contract scenario.

Equitable Remedies – The Court issues a declaratory judgement ordering the contract canceled or requiring a specific preformance by the breaching party – a rare remedy because it is hard to monitor.

Punitive Damages – An additional award beyond the basic damages award which generally matches the basic damages in amount. It is awarded to plaintiff punnish morally reprehensible behavior by the breaching party.

Get Out of Your Comfort Zone with Laughter

I recently took a standup comedy class Manhattan Comedy School, which ran for 6 weeks. At the end of the class we had a graduation show in which I performed. Click to See my 3 minute stand up comedy bit here.  Initially I had intended to take this class to distract me from my usual. I gained so much more. I learned how people process information so that they can be suprised by your punch line. I also learned how to look at my environment and background for the absurd so that I could bring joy to myself first and then others.

The point I am making here is that it is important to stop taking the world around you so seriously that you cannot even experience joy at the inconveniences which are in fact absurdities. For example, the New York City Subway is like a Three Stooges movie every single morning. Everyone is crammed into a train which is not big enough to fit them. The fact that I occasionally get chased by a pair of expensively bred dogs whose owner’s only excuse for that behavior is that they are a bunch hormonal bitc**s. By the way it feels no different than when I’m in court at times.

The inconveniences we experience in life are actually gifts in disguise. They challenge us to stop staying stuck in our usual routine. The same thing happens when one has a business dispute, divorce or landlord tenant issue. Those challenges are merely life’s way of shaking things up a little. Diana Mohyi Attorney at Law P.C. can represent you in your civil litigation matter so that the challenge that irked you helps make you stronger and wiser in preparation for life’s next challange.

 

 

Declutter Your Life to Sharpen Your Focus and Increase Productivity

Mary Poppins Declutters (C)Disney

According to data presented at my last Tony Robbins Event, most people are only productive 20% of the time while Billionaires are productive 50% of the time. What keeps people from being unproductive? Are they unfocused, uncommitted or simply distracted.

In order to increase the productivity in your life you must do an inventory of at least these three main areas to declutter your life by asking the question: Does this serve me? Does this bring me closer to my goals?

People. Look at the 5 closest relationships you have in your life. Who are the 5 people you spend the most time allowing to influence you? Congratulations you just looked into your future. The 5 people in closest proximity to you are who you will become. Make sure that those people are a good influence on you and that they strive to improve themselves rather than stay stagnant. If you are spending too much time around the wrong people, whether they be toxic or not goal oriented, either cut them out entirely or just spend less time with them.

Environments Always evaluate whether going to a certain event will serve your goals and add to your life. Stop going to events with the same acquaintances who don’t add anything to your life and are simply something to do. If you cut out the nonsense events you can replace them with other events you can find on facebook, eventbrite, meetup or you can read a good book off amazon or audible while you hit the gym. I have found that as I got more interested in a topic and learned more about it, I suddenly found myself surrounded with like minded people. If you want to change your ecosystem you have to start with yourself first!

Digital Clutter. I recently made a decision to take a short break from allowing social media on my phone which has turned into a permanent decision. I removed Instagram, Linkedin and Facebook from my phone so that I would not be so distracted all the time with the notifications which did not serve my life. I also unsubscribed from emails which were simply distractions in my inbox. I feel so much better not being pelted with data bullets all day long. I find I am better able to live my journey called life because I am not distracted by what others are doing. Remember life is not a race so looking at what others are doing is simply a distraction which does not serve you.

As you grow and evolve as a person you tend to grow out of the need to involve yourself in certain activities and so it makes sense to do a constant inventory of how you spend your time to make sure that the distractions in your environment, whether it be people or places, do not block you from becoming the best version of yourself and limit your productivity.

Improve your lifestyle to improve your business productivity

Over the last several months I have made a few small changes to my lifestyle that have resulted in dramatic improvement to my productivity. I can thank Cameron Diaz for that. The A-List Movie Star is well known for her films ‘There’s Something About Mary‘ [1998] and ‘Charlie’s Angels‘ [2000]. She recently came out with two health focused books ‘The Body Book’ and ‘The Longevity Book.’

The Body Book: The Law of Hunger, the Science of Strength, and Other Ways to Love Your Amazing Body

 

I enjoyed reading both of these books by listening to them as ‘books on tape’ through the Audible smartphone application. Audible, an Amazon company, charges a $15.00 a month subscription for a credit towards any book you want or lets you purchase and listen to a book on occasion. Most books are available. I recommend taking at least a day a week to listen to books on topics that interest you and are not directly related to your field.

The Body Book gives an overall picture of the inner workings of the human body and how an out of balance body significantly impacts your life. Being health conscious, I assumed that I would know alot of the content already but I wanted to know what a movie star would do to keep glamorous. I learned that it was the small changes that mattered most. I learned in more detail about the importance of keeping my sleep, nutrition, and exercise in a proper balance and how just getting slightly off balance in one area can make a big difference. This theme repeats in the Longevity Book but with an extra insight into how our body’s change as we grow older. Both of these books are useful for everyone because they give a general picture of how aging and health impacts a human body and then give insight into how female and male bodies are different. Here are a few snippets of what I learned that you can easily apply to improve your productivity:

Sleep We all know its important but how can we get better sleep? Studies show we need on average at least 7 hours of sleep. I learned that circadian rhythms are impacted by sensors on our skin and just wearing a mask is not enough. It is important to buy blackout curtains to keep out the lights from outside which are keeping you awake. Also, remove all electronics with blinking lights from your room. I know this seems so simple that it’s almost stupid but I’m telling you that it made a 100% difference in my ability to fall asleep. Furthermore, many of us who run businesses are under a high amount of stress already, so it will help you sleep better if you cut out caffeine or at least downgrade the caffeine level to green tea instead of coffee. Also don’t eat late at night, your digestive tract needs a rest too. This made a big difference for me.

Water Water is the key to proper functioning of our bodies. It helps all our biological processes keep going and without it we die. It is important to drink a glass of water when you wake up in the morning so that you wake up. Make an effort to drink at least 8 glasses a day throughout the day and you will see an improvement in your ability to concentrate. You will also flush out any toxins that are in your system from not eating 100% healthy like we all should.

Nutrition Nutrition is important for our biochemical processes as well as concentration and mood. Having a depressed mood is actually linked to poor nutrition. The best diet is a mediterranean diet high in protein, vegitables and fruits with various natural oils like olive oil and Omega 3-available in salmon. It is best for you to meal prep your meals each week instead of eating out because you never know what your getting or how long its been sitting out. If you are feeling down, reach for a salad or make yourself a smoothie full of fruit and vegetables, not sugary yogurt. This has helped my mood alot and is a great pick me up when I feel like my concentration is waning in the middle of the day. When you make small changes in your habits each day you will see a world of difference not only in the way you look but how you feel as well. Women need to be cognizant that our natural monthly process drains nutrients from our bodies. We must be sure to eat calcium rich foods more than our male counterparts to supplement the loss of calcium from our bones.

Exercise  If you don’t exercise your performance will suffer and I can promise that you will not age well. But, you’re never too old to start! As we age we lose muscle mass and our bodies are less able to bounce back from that pizza we ate last night. It is important to fight the effects of growing older by making it a priority to take a walk in the morning or better yet hit the gym for some cardio and weights. Don’t try to do a 5 hour routine or else you will never go back. I only spend an hour in the gym. Do weight bearing exercises to fight the effects of loss of calcium with aging which especially impacts women.

Many business people are so busy, they let themselves go, believing that it’s worth the sacrifice. In the end you end up being the biggest loser. You cannot help other people around you if you don’t make it a priority to take care of your health. If you make small changes in your habits, these will add up and you will see exponential improvement in you performance which will last a lifetime.

Side Hustles – Distraction or Investment Vehicle?

If you are running a small business you have to get comfortable with the word ‘hustler.’ No, I don’t work at a white shoe firm but the important thing is that I make money. Besides practicing law I also have found it useful to generate income in other ways so that I don’t fall into the trap of running up a credit card bill in hard times. I have found that an occasional cash infusion from another source, other than my law practice Diana Mohyi Attorney at Law P.C., is less stressful than risking high credit card interest and a bad credit report. Some business people think that side hustles are below them. Sometimes you have to consider that humbling yourself may make the difference between having your own business and having a new boss.

The question does come up however, are my occasional side hustles a distraction from my primary business? Which side hustles can I be involved with which carry minimal distraction? I believe the answer lies in whether the side hustle ads value to your life and whether it can assist your progress. It is precisely the same consideration a business person should think about when considering a new client in their primary business. Will this client add value to my life in terms of money or other opportunities or increased experience in a particular type of project? Or will they be a pain in the butt. Here are a few side hustles you might want to consider:

FILM/TV EXTRA – I know. What am I doing offering myself as an extra when I have no plans–at the moment–of becoming a full time actress? Well it was fun and it helped me appreciate that running my business is fun too. In the spring I signed up for an appointment with Central Casting, a well-known casting agency with branches in New York and Los Angeles. All I had to do was show up, get my photo taken and sign common employment paperwork. I then waited for text messages to come to my phone asking if I would like to submit to various television shows. Eventually I signed up to be a gala guest on a well known series not available in a regular cable subscription. The benefits included two meals a day, getting my hair professionally done and meeting some interesting people from a different ecosystem than my own. After taxes I may walk away with a few hundred dollars. I loved this experience because it was interesting. I got to act and the experience helped me appreciate the opportunities my education and business have given me. For one, the opportunity to explore other realms which were unapproved of by my parents.

Amazon Kindle Direct Publishing If you are a prolific writer you can sell your books without having to sign up with a publisher or get yourself locked into a self publishing contract for little or no royalties. All you have to do is create a pdf of your work and upload it. You can sell your books as Kindles exclusively or Amazon will print the book for readers who choose to buy a hard copy. The set-up is free and Amazon makes their money only when you sell books. They have different royalty programs depending on what you are comfortable with and offer paid advertising.

Ebay Sell things on the internet. If you are in a suburban town, you are comfortable with the idea of a garage sale. Sometimes people sell things at these garage sales which are worth alot more than what they are selling them for. Some examples are comic books and fine pottery or art work. The trained eye can spot such treasures. Sometimes you also have treasures hidden in your closet which you have neglected for years. Why not sell them and make some cash? If you sell second hand items the sale is generally not taxable. The set up is easy. Create an account, choose a category, upload photos and choose auction, best offer (if you are willing to allow buyers to haggle) or fixed price.

AirBnBThe world’s most reputable internet subletting community. Rent a room or a couch. If you have an extra bedroom or even a couch, you could make several hundred dollars for a basic apartment or many thousands if you have an upscale apartment. As long as the perspective subletters have several good reviews it is safe to allow strangers to stay with you or without you. You also get to meet some great people and who knows, a new client. I hear the experience is worth the minimal effort.

Side hustles can do more for your life than just add to your pocketbook. They help you see the world from a different perspective and may be a nice way to break up the monotony in your life.

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