When a Contract is Breached the Breach Must Be Material to Win the Case
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 …
Understanding The Breach of Contract Defense Known as “Laches”
“Laches is an equitable doctrine under the law which penalizes a party with a legal right to relief from enforcing that right after passage …
Implied Covenant of Good Faith and Fair Dealing Applies to All NJ Contracts and the NJ Consumer Fraud Act
An important law governing New Jersey commercial transactions is known as the “implied covenant of good faith and fair dealing”. This law states that …
Is There Legal Liability When an Incapacitated Person Signs a Contract?
• A contract signed by an incapacitated person is generally voidable by the incapacitated party, meaning they can terminate it at any reasonable time …
Understanding the Legal Concept Known as “Quantum Meruit” Under NJ Contract Law
In order to receive payment under a defective contract a legal claim called “quantum meruit” must be asserted to win; “a plaintiff must establish”: …
A Real Estate Broker is Screwed When She Fails to Get a Signed Listing Agreement
Here’s a recent case that seems unfair to a real estate broker who failed to get a signed commission agreement before introducing a buyer …
A Court Can Order a Contractor to Finish the Job Instead of Giving Money Damages
Money damages are generally given in a breach of contract case. Sometimes a court will order a contractor to finish a job instead of …
A Liquidated Damage Cause in a Breach of Contract Cases Isn’t Always Enforced
A recent case I read involved a dispute over a $852,100 deposit made by a buyer in connection with a commercial real estate sale …
A Real Estate Broker Must Understand the Statute of Frauds and NJ Contract Law
The statute of frauds requires certain types of real estate agreements to be in writing or the agreement will not be recognized by law. …
You’re Not Personally Liable as a Guarantor of a Lease or Debt Unless You Agree to Be Personally Liable
Personal guarantees of debts are often demanded in business agreements, commercial and residential real estate deals and bank loans. If the debtor defaults, the …
New Jersey Employers and Employees Must Always Be Aware of the Language In Their Contracts
A large number of employers and employees throughout New Jersey sign employment contracts. Unfortunately, many employees often do not read the contracts before they …
It’s the Courts Who First Decide Mandatory Arbitration Not the Arbitrator
In a recent New Jersey case, a plaintiff filed a complaint alleging violations of the New Jersey Consumer Fraud Act, the New Jersey Commercial …
An Employment Contract Is Essential to Your Rights as an Employee In New Jersey
Many employees throughout the state of New Jersey have signed employment contracts but are unaware of what exactly their employment contracts say. When they …
An Employment Contract Lawyer Simplifies Employment Contract Issues to Avoid Conficts
Understanding NJ contract law is an important function of an Employment Dispute attorney. What is an Employment Contract Dispute An employment contract dispute is …
You Can’t Sue Me in NJ for Breach of Contract if I Have No Contacts in NJ
To Sue in NJ, the Other Side Must Have Contact with NJ. To enable NJ court to exercise specific jurisdiction over a non-resident defendant, …
Your Reason for Signing a Contract Can’t Be Used Against You
“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …
Remote Notary Act Memo
Recently, New Jersey law changed to allow attorneys and notaries to notarize documents over video conference. This is important for business owners who need …
When a Person Subject to a Guardianship Dies Are Contracts Signed by the Guardian VOID at Time of Death?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Contract Law Attorney A colleague represents the guardian of …
Fighting Unauthorized Use of a Credit Card
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business and Contract Law Attorney If you or a loved one …
Capped Commissions
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Contract Attorney As a sales representative for a computer software company, Richard received …
A NURSING HOME ADMISSIONS AGREEMENT IS A CONTRACT
By Fredrick P. Niemann, Esq. a New Jersey Contract Lawyer “The interpretation of a contract is ordinarily a legal question for the court and …
COMMON DEFENSES IN CONTRACT DISPUTES USED BY NJ CONTRACT LAWYER
By Fredrick P. Niemann, a New Jersey Contract lawyer Enforcing a contract is a common case handled by a NJ Contract Lawyer and most …
Determining the Value of Your Shares in a Corporation
When a minority shareholder feels as though their corporation is not operating in a manner that they are satisfied with, they often seek to …
NJ Court Finds Automobile Order Form Not a Binding Contract To Deliver Vehicle
By Fredrick P. Niemann, Esq., a NJ Contracts Attorney As you are probably aware, contracts are legally binding documents. The parties that sign the …
NJ COURT BARRED FROM ORDERING HUSBAND TO GRANT JEWISH RITUAL DIVORCE
By Fredrick P. Niemann, Esq. a NJ Contracts Attorney In the Jewish religion, as some are probably aware, in order for a woman to …
IMPORTANCE OF CONSULTING A NJ CONTRACT LAWYER TO AVOID DISPUTES IN THE FUTURE
By Fredrick P. Niemann, Esq. a New Jersey Contract Lawyer Contacting an NJ Contract Lawyer will definitely help save you from a lot of …
E-MAILS CAN BE AN ENFORCEABLE CONTRACT IN NEW JERSEY
By Fredrick P. Niemann, Esq. a New Jersey Contract attorney Can an e-mail (s) become a contract? Good question. Many business men and women …
Get it in Writing: A Contract Story Gone Bad
By Fredrick P. Niemann, Esq. a Contract attorney Two executives held a meeting; the agenda was about forming a new business together. The discussion …
New Jersey Courts Settle Construction Contract Disputes
By Fredrick P. Niemann, Esq. a New Jersey Contract attorney Disputes often arise within the construction process. Sometimes contractors and subcontractors provide services that …
The Tortious Interference with A New Jersey Contract: What is Tortrious Interference? What are your Options?
By Fredrick P. Niemann, Esq., a New Jersey Contract Attorney New Jersey courts protect the right of a person to advance one’s own business …
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