Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Breach Of Contract Facts

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what New Jersey contract law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule that may apply to your New Jersey case! New Jersey contract law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of New Jersey contract laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in New Jersey contract laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

DEFENSES TO NEW JERSEY CONTRACT LAWSUITS

WHAT IS A NEW JERSEY CONTRACT LAWSUIT?
A New Jersey contract lawsuit is usually a disagreement between two or more New Jersey residents, one or more of which may be a New Jersey business. It can be about any of the following:

• a New Jersey breach of an oral or written contract for the sale of goods or services
• allegations of unfair interference, such as where a New Jersey business uses unfair methods to compete with its competitor
• New Jersey personal loan lawsuits
• New Jersey security deposit lawsuits
• New Jersey breach of promise or breach of agreement lawsuits
• New Jersey collections of past due bills owed
• efforts to enforce a New Jersey noncompete clause or New Jersey restrictive covenant that was entered into between businesses or between a New Jersey business and one of its former employees or independent contractors
• New Jersey franchise lawsuits, where a New Jersey franchise purchaser and the seller of the New Jersey franchise have a lawsuit about duties arising under the franchise agreement
• New Jersey lawsuits between New Jersey business partners or stockholders of a New Jersey business for control of the New Jersey business New Jersey business partnership or corporation or about decisions affecting the New Jersey business New Jersey business partnership or business

HOW DOES A NEW JERSEY CONTRACT LAWSUIT PLAINTIFF PROVE A NEW JERSEY BREACH OF CONTRACT LAWSUIT?
To establish a New Jersey breach of contract lawsuit against a New Jersey contract lawsuit defendant, the New Jersey contract lawsuit plaintiff must prove that:
1. The New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant entered into a New Jersey contract containing certain terms – a valid New Jersey contract.
2. The New Jersey contract lawsuit plaintiff did what the New Jersey contract required the New Jersey contract lawsuit plaintiff to do.
3. The New Jersey contract lawsuit defendant did not do what the New Jersey contract required the New Jersey contract lawsuit defendant to do. This failure is called a New Jersey breach of contract.
4. The New Jersey contract lawsuit defendant’s breach, or failure to do what the New Jersey contract required, caused a loss to the New Jersey contract lawsuit plaintiff.

HOW DOES A NEW JERSEY CONTRACT LAWSUIT PLAINTIFF PROVE THAT THE NEW JERSEY CONTRACT LAWSUIT DEFENDANT BREACHED THEIR NEW JERSEY CONTRACT?
One of the elements that the New Jersey contract lawsuit plaintiff must prove is the New Jersey contract lawsuit defendant’s breach of contract. Failure to perform a New Jersey contract in accordance with its terms constitutes a New Jersey contract breach of contract. It does not matter if the failure was purposeful or inadvertent. A New Jersey contract breach may be material or minor. The generally accepted rule is that whether a New Jersey contract breach is material is a question of fact. However, New Jersey courts will enforce a New Jersey contractual provision establishing that a particular New Jersey contract breach is grounds for termination of the New Jersey contract. the New Jersey contract lawsuit plaintiff can sue for any New Jersey contract breach, even if minor providing the New Jersey contract breach causes the New Jersey contract lawsuit plaintiff measurable injury or damage. When there has been a minor breach that may have caused the New Jersey contract lawsuit plaintiff injury or damage, it is possible for you to conclude that the New Jersey contract lawsuit defendant has nevertheless substantially performed is the New Jersey contract. To find that the New Jersey contract lawsuit defendant substantially performed the New Jersey contract, the New Jersey Court must have to conclude from the evidence that the New Jersey contract lawsuit defendant made a good faith effort that actually achieved the essential purpose of the New Jersey contract and provide the New Jersey contract lawsuit plaintiff with the fundamental benefits that the New Jersey contract lawsuit plaintiff was supposed to receive from is the New Jersey contract. If the New Jersey contract lawsuit defendant substantially performed is the New Jersey contract, it will affect the amount of money damages that can be awarded for the New Jersey breach of contract.

HOW DOES A NEW JERSEY COURT DECIDE IF A NEW JERSEY BREACH OF CONTRACT IS MATERIAL OR MINOR?
A New Jersey contract breach is material if it affects the purpose of the New Jersey contract in an important or vital way. A material breach defeats the purpose of the New Jersey contract and is inconsistent with the intention of the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant to be bound by is the New Jersey contract terms. When a New Jersey contract lawsuit defendant materially breaches a New Jersey contract, the New Jersey contract lawsuit plaintiff has a right to terminate is the New Jersey contract and may be excused from further performance of plaintiff’s remaining obligations under is the New Jersey contract. The New Jersey Court may use the following criteria for determining whether a New Jersey contract breach is material:
(1) the extent to which the injured party will be deprived of the benefit which he/she reasonably expected;
(2) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived;
(3) the extent to which the New Jersey contract lawsuit plaintiff or New Jersey contract defendant failing to perform or to offer to perform will suffer forfeiture;
(4) the likelihood that the New Jersey contract lawsuit plaintiff or New Jersey contract defendant failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances;
(5) the extent to which the behavior of the New Jersey contract lawsuit plaintiff or New Jersey contract defendant failing to perform or to offer to perform comports with standards of good faith and fair dealing.

WHAT HAPPENS IF THE NEW JERSEY CONTRACT LAWSUIT PLAINTIFF’S PROMISE UNDER IS THE NEW JERSEY CONTRACT WAS DEPENDENT UPON THE NEW JERSEY CONTRACT LAWSUIT DEFENDANT’S PERFORMANCE AND THE NEW JERSEY CONTRACT LAWSUIT DEFENDANT FAILS TO PERFORM UNDER THE NEW JERSEY CONTRACT?
When the New Jersey contract lawsuit plaintiff’s promise under is the New Jersey contract was dependent upon the New Jersey contract lawsuit defendant’s performance and the New Jersey contract lawsuit defendant fails to perform, then the New Jersey contract lawsuit plaintiff is excused from further performance of the New Jersey contract lawsuit plaintiff’s promise. When a New Jersey contract case plaintiff or New Jersey contract case defendant materially breaches the New Jersey contract but does not indicate any intention to renounce or repudiate the remainder of the New Jersey contract, the New Jersey contract lawsuit plaintiff can elect to either continue to perform or cease to perform. If the New Jersey contract lawsuit plaintiff elects to perform, the New Jersey breach of contract plaintiff is deprived of an excuse for ceasing performance. But even if the New Jersey contract lawsuit plaintiff elects to perform, the New Jersey breach of contract plaintiff can still sue for any injury or damages suffered because of the material breach.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.


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