It is important to understand that to be actionable a breach of contract must be a material breach. N.J. case law sets forth the elements. The generally accepted rule is that whether a breach is material is a question of fact for a judge to decide. The Restatement of Contracts sets forth five criteria for determining if a breach is material: (a) the extent to which the injured party will be deprived of the benefit which he/she reasonably expected; (b) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived; (c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture; (d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances; and the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and fair dealing.
To discuss your NJ contract law, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Contract Law Attorney