Law Office Of Paul DePetris
paul@newjerseylemon.com

Cancelling New Jersey contract facts


Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the 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! The 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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.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this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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 the 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 the 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.

CANCELLING NEW JERSEY CONTRACTS FAQS

ELEMENTS OF A NEW JERSEY CONTRACT
There are 5 essential elements to a valid New Jersey contract:

1. mutuality of assent;
2. legal capacity of the parties;
3. valuable consideration;
4. legality of subject matter; and
5. a writing.

Under the requirement of mutuality of assent, for parties to New Jersey contract, a meeting of the minds must take place between them. The mutuality of assent must be real and not the result of mistake, misrepresentation, fraud, duress or undue influence.

GENERAL PRINCIPLES OF FRAUD IN NEW JERSEY CONTRACTS
In the absence of a trust or confidential relationship, statements of opinion or matters of judgment, though known to be false when actually made, do not constitute fraud. However, false representations as to material elements of the New Jersey contract are grounds for rescission. Fraudulent misconduct is not excused by the credulity or negligence of the victim or by the fact that the victim might have discovered the fraud through prior investigation.

Purposeful concealment can be as destructive as an affirmative false statement. There exists a duty upon a party to a transaction to disclose to the other party facts basic to the transaction if the first party knows that the other is about to enter into the transaction under a mistake as to the facts and that the other, because of the relationship between the parties, the customs of the trade or other objective circumstances, would reasonably expect disclosure of the facts. Where such a duty to speak exists, the failure to speak constitutes unfair conduct likely to cause harm. An unconscionable bargain is one such as no person in their senses and not under delusion would make and as no honest and fair person would accept.

THE COMMON LAW REMEDY OF NEW JERSEY CONTRACT RESCISSION
New Jersey contract rescission is the equivalent of New Jersey contract cancellation. It is an equitable remedy which is only available in limited circumstances. Aside from situations where parties consent to New Jersey contract rescission, New Jersey contracts may normally only be rescinded where there is either original invalidity, fraud, failure of consideration, a material breach or default. Even where grounds for New Jersey contract rescission exist, the remedy is discretionary in nature. New Jersey contract rescission will not be granted where the party seeking same has not acted within a reasonable time or where substantial performance has already occurred. Indeed, delay in the rescission of a New Jersey contract is evidence of an election to treat a New Jersey contract as valid. However, the duty to rescind a New Jersey contract does not first arise until the party seeking New Jersey contract rescission discovers the grounds for same. To grant New Jersey contract rescission, a New Jersey court must be able to return the parties to their position before they entered into the New Jersey contract. Accordingly, a party cannot usually simply rescind a New Jersey contract and at the same time keep possession of goods or services received under the New Jersey contract. To complete a New Jersey contract rescission following partial performance, the party seeking to rescind the New Jersey contract must return or tender the consideration previously received. New Jersey contracts are subject to rescission where they are obtained by fraud. Indeed, the very existence of a fraudulently procured New Jersey contract causes damage, so that where fraud is found, damage may be presumed. In the absence of actual fraud, undue influence or misrepresentation, New Jersey contract rescission will not be permitted.

A unilateral mistake of a fact unknown to the other party to a New Jersey contract is not ordinarily grounds for New Jersey contract rescission. To qualify for such relief, a party must show special circumstances justifying a departure from the generally controlling principle that parties are bound by the New Jersey contracts they make for themselves. Accordingly, the circumstances providing for New Jersey contract rescission due to a unilateral mistake fact are: [1] the mistake is of such a great consequence that to enforce the New Jersey contract as actually made would be unconscionable; [2] the matter as to which the mistake was made must relate to the material feature of the New Jersey contract; the mistake must have occurred notwithstanding the exercise of reasonable care by the party making the mistake; and [4] the requested New Jersey contract rescission cannot cause serious prejudice to the other party, except for loss of bargain.


THE NEW JERSEY IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING IN NEW JERSEY CONTRACTS
Every New Jersey contract in New Jersey contains an implied covenant of good faith and fair dealing. Under the aforesaid principle, neither party to a New Jersey contract shall do anything that shall have the effect of destroying or injuring the right of the other to receive the fruits of the New Jersey contract. Where fairness and justice require, the New Jersey court may impose upon a New Jersey contract a duty required to effectuate the New Jersey covenant of good faith and fair dealing implicit in all New Jersey contracts. In the field of real estate in particular, the law should be based on the concepts of justice and fair dealing. Accordingly, caveat emptor can no longer be immutable or inflexible in certain circumstances.

NEW JERSEY COMMON LAW FRAUD IN NEW JERSEY CONTRACTS
At common law, there are two types of fraud: equitable and legal. To prove a claim for New Jersey common law equitable fraud, a New Jersey plaintiff must show the following:

• a material misrepresentation of a presently existing or past fact;

• made with the intent that a New Jersey plaintiff rely upon it; and

• detrimental reliance by a New Jersey plaintiff.

Even an innocent misrepresentation can constitute New Jersey equitable fraud justifying rescission of a New Jersey contract. But the only remedy available for New Jersey equitable fraud is equitable in nature: rescission or reformation of the New Jersey contract.

To prove a claim for New Jersey common law legal fraud, a New Jersey plaintiff must show the following:

• a material misrepresentation of a presently existing or past fact;

• knowledge or belief by a New Jersey defendant of its falsity;

• made with the intent to mislead the a New Jersey plaintiff;

• that such misrepresentation was justifiably relied upon by a New Jersey plaintiff; and

• that a New Jersey plaintiff sustained damages therfrom.

RELIEF FROM NEW JERSEY CONTRACT FRAUD PROVIDED BY NEW JERSEY LAW
Whenever there is a fraud in the execution or consideration of a New Jersey contract, the person defrauded at any time thereafter may institute a civil action, to recover the money owing on such New Jersey contract although, by its terms, the debt contracted or the money secured to be paid thereby is not then due or payable; and the person defrauded may, upon discovery of the fraud, either rescind the New Jersey contract entirely and recover the money or property obtained by the fraud, or, sue on the New Jersey contract to recover thereon.

In certain situations, a New Jersey plaintiff could assert that, since the New Jersey contract was the product of fraud, a New Jersey plaintiff is entitled to rescind the New Jersey contract and/or to recover the money and/or lien on property obtained under same.

CANCELLATION OF NEW JERSEY CONTRACTS UNDER THE NEW JERSEY CONSUMER FRAUD ACT
The New Jersey Consumer Fraud Act, is a law that seeks to stop the perpetration of fraud upon consumers. The New Jersey Consumer Fraud Act prohibits certain conduct in connection with the sale or advertisement of merchandise or real estate and declares the following as unlawful practices: the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation or the knowing concealment, suppression or omission of any material fact with intent that others rely upon such concealment, suppression or omission in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby.

The purpose of the New Jersey Consumer Fraud Act is to protect the public from sharp practices and dealings in the marketing of merchandise and real estate which could victimize the consumer by luring the consumer into a purchase through fraudulent, deceptive or other similar kinds of selling or advertising practices. The New Jersey Consumer Fraud Act is remedial legislation and should be construed liberally in favor of New Jersey's consumers.

New Jersey contracts that violate the New Jersey Consumer Fraud Act and New Jersey debts that are caused by violations of the New Jersey Consumer Fraud Act may be cancelled by a New Jersey court.

Under the New Jersey Consumer Fraud Act, unconscionable conduct implies a lack of good faith, honesty or fair dealing. A simple breach of warranty or breach of New Jersey contract is not automatically unconscionable conduct in violation of the New Jersey Consumer Fraud Act. If a New Jersey plaintiff proceeds under the first prong of section 2 of the New Jersey Consumer Fraud Act – trying to prove an affirmative act violated the New Jersey Consumer Fraud Act and relying on fraud as the unconscionable conduct, a New Jersey plaintiff must show that the fraudulent conduct of the defendant is unconscionable.

If a New Jersey plaintiff proceed under the second prong of section 2 of the New Jersey Consumer Fraud Act based upon a New Jersey plaintiff’ allegations that the defendant knowingly concealed information from a New Jersey plaintiff, a New Jersey plaintiff must show that the concealment was knowing and that it was made with the intent to induce a New Jersey plaintiff’ entering into the new mortgage. A simple erroneous statement by a party will not constitute a violation of the New Jersey Consumer Fraud Act unless it is an unconscionable practice under the first prong of section 2 of the statute.

As to defenses, subjective good faith of a merchant is not a defense under the New Jersey Consumer Fraud Act. In order to defend a claim under the New Jersey Consumer Fraud Act, the merchant must show that he did not engage in unconscionable conduct in the sale of financing and that he did not make a knowing concealment, suppression or omission of any material fact with the intent to induce the purchase of the financing. Importantly, the burden of proof still rests with a New Jersey plaintiff, so that a New Jersey plaintiff must prove the elements under either prong of section 2 of the New Jersey Consumer Fraud Act.


LIS PENDENS IN NEW JERSEY REAL ETATE CONTRACTS
To preserve rights pending a New Jersey court’s decision that may affect interests in real property, on every action instituted in New Jersey state or federal courts that pertains to real property interests, it is necessary to file a notice of lis pendens. The notice serves to warn all persons that title to real property is in litigation and that they are in danger of being bound by an adverse judgment. Under this common law principle, while the action is pending, nothing relating to the subject matter of a lawsuit can be altered. The notice is not required in mechanic’s lien actions or in actions to recover judgments for money and damages only. The notice is actually filed after the filing of the underlying complaint. The notice states the complaint title, the general purpose of the litigation and further, describes the real estate affected. Consult with a New Jersey attorney before filing a lis pendens. Otherwise, you may yourself be subject to court penalties for improperly filing a notice of lis pendens.

THE DOCTRINE OF ESTOPPEL BY LACHES IN NEW JERSEY CONTRACTS
Where a party to a New Jersey contract delays in presenting a claim relative to same, they may be estopped by laches from rescinding the New Jersey contract. The doctrine of laches is an equitable principle based in the idea that equity aids the vigilant and not those who slumber on their rights. It is neglect in asserting a claim which, together with lapse of time and other circumstances, cause prejudice an adverse party, operating as a bar to relief. The essential perquisites to application of the doctrine are knowledge and delay. Where a party knowing their rights takes no steps to enforce them until the condition of the other party has in good faith become so changed that said party cannot be restored to their prior position if the right is enforced, delay becomes so inequitable and operates as an estoppel against assertion of those rights. If a New Jersey plaintiff file suit where they performed the New Jersey contract for months or years, a New Jersey plaintiff may face the defense of laches.

NEW JERSEY PAROL EVIDENCE RULE AS A BAR TO A NEW JERSEY PLAINTIFF’S ALLEGING THE EXISTENCE OF TERMS OUTSIDE OF THOSE SET FORTH IN THE WRITTEN NEW JERSEY CONTRACT
Under the New Jersey parol evidence rule, where the parties execute a writing that they intend to be a complete and accurate integration of the agreement, extrinsic evidence, oral or written, of the parties’ prior or contemporaneous statements, are not admissible to vary, contradict or supplement the written agreement. Motivations or mental reservations cannot affect a written agreement. Otherwise, the agreement would be worthless and the source of much litigation. The avoidance of such uncertainty is the precise reason for the Statute of Frauds and the companion parol evidence rule. Accordingly, where a written New Jersey contract is complete and unambiguous on its face, the parties are bound by the intentions they express in same. Proof of oral representations as a foundation for a suit for breach of New Jersey contract would be inadmissible as violative of the New Jersey parol evidence rule. In an action brought under the theory of fraud in the inducement to a New Jersey contract, a party to the New Jersey contract cannot, simply by means of a provision in the written instrument, create an absolute defense or prevent the introduction of parol evidence. Thus, while the New Jersey parol evidence rule operates to prohibit the introduction of oral promises to alter or vary an integrated written instrument, parol proof of fraud in the inducement is not considered as either additional or substitutionary but rather as indicating that, by reason of the alleged fraud, the New Jersey contract is void or voidable. The evidence is admissible, not to enforce the New Jersey contract, but rather to avoid it or to prosecute an action based on fraud.

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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