To Contract or Not to Contract

ASchlossberg
May 28, 2015

With society rapidly advancing and contract law constantly developing, the simple act of reducing agreements to writing is as significant now as ever. Especially when tens of millions of dollars are on the line. In Power Restoration Int’l, Inc. v. PepsiCo, Inc., 2015 U.S. Dist. LEXIS 32415 (E.D. Pa. 2015), Power Restoration alleged that Pepsico orally promised to hire Power Restoration to perform services and that Pepsico ultimately terminated Power Restoration due to alleged failure to perform. Pepsico asserted the Statute of Frauds as a defense, but Power Restoration claimed that the oral agreement was not expected to be in writing and that it would have been evidenced by future purchase orders. The court dismissed Power Restoration’s breach of contract claims, holding that although the subject relationship was service-based, a material portion of it nonetheless governed the sale of goods.

The Law Office of Aaron M. Schlossberg, P.C.

(This writing is for general information purposes only, should not be construed as legal advice and does not establish an attorney-client relationship.)

Bio
LinkedIn
Latest Posts

ASchlossberg

Managing Member at The Law Office of Aaron M. Schlossberg, P.C.

Aaron Schlossberg focuses on complex commercial and insurance coverage matters involving corporate clients, entrepreneurs and individual policyholders. Mr. Schlossberg drafts and negotiates high-level contract documents and appears frequently in state and federal courts throughout New York State. Mr. Schlossberg earned his Bachelor of Arts Degree in English from The Johns Hopkins University and his Juris Doctorate Degree from the George Washington University Law School. Mr. Schlossberg gained invaluable insight during his post-graduate judicial clerkship and significant experience as an associate with two midtown Manhattan law firms prior to founding the Law Office of Aaron M. Schlossberg, P.C. in June 2012. Mr. Schlossberg is a published author and a seasoned presenter. He is fluent in Spanish, conversational in French and has basic knowledge of Mandarin Chinese and Hebrew. Mr. Schlossberg is a member of the New York State Bar Association and is admitted to the following courts: New York State, Eastern and Southern Districts of New York, United States Court of Appeals for the Second Circuit.