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  • Writer's picturePaul Peter Nicolai

Contract Choice of Law Does Not Defeat Chapter 93A Claim

A Chapter 93A count was dismissed from a contract lawsuit based on the contract's choice of law clause. That clause said New York law would apply to the contract. The Appeals court reinstated the count.

 

WHY THIS IS IMPORTANT… New York does not recognize a private cause of action for unfair and deceptive trade practices. It also does not allow private parties to collect triple damages. In this case, the contract language said that New York law should be applied to interpreting the contract. It did not say that New York law would govern the entire relationship between the parties. The Massachusetts law could apply since an unfair and deceptive trade practices act case is not a contract case.

 

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