Ask HN: When would you do when a big company "breaches contract"
2 comments
Three quick things off the top of my head:
First and most important, you should probably take this post down right now. Whether or not you have a confidentiality agreement of any sort with this company, saying bad things about an "anonymous" major player--which could be just one of two companies--exposes you to potential liability and a headache that you do not want to deal with. I put no research into this, it's just my immediate opinion.
Second, ordinarily you cannot recover punitive damages for a breach of contract. You can recover actual damages and sometimes (rarely) attorneys' fees and costs.
Third, the size of the law firm is proportional only to the fees you will be charged--fees that you probably will not be able to recover. More important that office size and advertising budget, make sure that you get along with your lawyer, trust him or her, and be certain that the lawyer has adequate resources to handle your dispute--which sounds pretty basic. You do not need a firm capable of litigating a federal antitrust prosecution or a multi-party international-trade dispute. Focus on the lawyer, not the brand.
Good luck.
First and most important, you should probably take this post down right now. Whether or not you have a confidentiality agreement of any sort with this company, saying bad things about an "anonymous" major player--which could be just one of two companies--exposes you to potential liability and a headache that you do not want to deal with. I put no research into this, it's just my immediate opinion.
Second, ordinarily you cannot recover punitive damages for a breach of contract. You can recover actual damages and sometimes (rarely) attorneys' fees and costs.
Third, the size of the law firm is proportional only to the fees you will be charged--fees that you probably will not be able to recover. More important that office size and advertising budget, make sure that you get along with your lawyer, trust him or her, and be certain that the lawyer has adequate resources to handle your dispute--which sounds pretty basic. You do not need a firm capable of litigating a federal antitrust prosecution or a multi-party international-trade dispute. Focus on the lawyer, not the brand.
Good luck.
The style is hypothetical.... I hope. There may be many reasons in this hypothetical case that punitive damages could be awarded - no details, sorry. The lawfirm costs in this (hypothetical) case are insignificant - think of it as your father's lawfirm.
I'm mainly interested in the "Would people push for as much as they can get, even though they know the fair price?".
I'm mainly interested in the "Would people push for as much as they can get, even though they know the fair price?".
Assume:
* they played hardball in the original negotiations and took you down from a fair price of 100 * x to 50 * x and then much lower.
* they are in "Fundamental breach of Contract" and you are thinking of suing for punitive damages (assume this is possible).
What is your aim for a settlement?
1) Push for a 100 * x settlement.
2) Push for punitive damages (i.e. risk going to court) even if you don't feel you deserve the money.
3) Take them for everything.
4) Don't play hardball, they'll find a way to screw you.
5) Other.
Note: You meet with your legal representation for the first time tomorrow. Since then you've been on your own (whilst trying to find a good firm that doesn't have a conflict).
I'm interested in getting a feeling for how hard you would push. My culture is not one that seeks too much revenge, justice is enough. Do other cultures feel the same?
What are peoples' balance points between justice, punishment, revenge, greed and renumeration? How would you justify taking more than you actually deserve?