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New Jersey Contract Lawsuit Defenses

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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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law.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this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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 understand how to win a New Jersey contract lawsuit, you need to understand how a New Jersey contract lawsuit plaintiff proves a New Jersey 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.

IS THE NEW JERSEY CONTRACT VALID?
To be enforceable, a New Jersey contract must include 5 essential elements:

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

The New Jersey court must first determine whether some type of New Jersey contract existed between the New Jersey contract case plaintiff and the New Jersey contract case defendant. A New Jersey contract may be expressed or implied or may be a mixture of the two. An express New Jersey contract is one in which the New Jersey contract case plaintiff and New Jersey contract case defendant have shown their agreement by words. Express New Jersey contracts include those in which the New Jersey contract case plaintiff and New Jersey contract case defendant have orally stated the terms to each other or have placed the terms in writing. An implied New Jersey contract is one in which the New Jersey contract case plaintiff and New Jersey contract case defendant show their agreement by conduct. For example, if someone provides services to another under circumstances that do not support the idea that they were donated or free, New Jersey contract law implies an obligation to pay the reasonable value of services. Thus, an implied New Jersey contract is an agreement inferred from the New Jersey contract case plaintiff and New Jersey contract case defendant’s conduct or from the circumstances surrounding their relationship. In other words, a New Jersey contract case defendant may be obligated to pay for services rendered for New Jersey contract case defendant by New Jersey contract case plaintiff if the circumstances are such that New Jersey contract case plaintiff reasonably expected New Jersey contract case defendant to compensate New Jersey contract case plaintiff and if a reasonable person in New Jersey contract case defendant’s position would know that New Jersey contract case plaintiff was performing the services expecting that New Jersey contract case defendant would pay for them. Under the requirement of mutuality of assent, for New Jersey plaintiffs and New Jersey defendants to enter into a New Jersey contract, a meeting of the minds must take place between the New Jersey plaintiffs and New Jersey defendants. The mutuality of assent must be real and not the result of mistake, misrepresentation, New Jersey legal fraud, New Jersey consumer fraud, duress or undue influence. Since, a New Jersey breach of contract is never presumed; rather, the burden of establishing a New Jersey breach of contract rests with the New Jersey plaintiff or New Jersey defendant asserting the New Jersey breach. A New Jersey contract is an exchange of promises and thus is the result of a “bargain,” an “exchange of equivalents.” An enforceable bilateral New Jersey agreement requires an offer, an acceptance, consideration and a meeting of the minds upon all the essential terms of the New Jersey agreement. To have a valid New Jersey contract, there must be a meeting of the minds, as a New Jersey contract does not come into being unless the New Jersey plaintiffs and New Jersey defendants agree to the same terms. Thus, an enforceable contract only results from the New Jersey plaintiffs’ and New Jersey defendants’ agreeing upon essential terms and manifesting an intention to be bound by those terms and where the New Jersey plaintiffs and New Jersey defendants do not agree to one or more essential terms, the New Jersey agreement may be unenforceable. Indeed, it is fundamental that the essential element to the valid consummation of a New Jersey contract is a meeting of the minds of the New Jersey contracting parties. Thus, doubt or difference between the New Jersey plaintiffs and New Jersey defendants to an alleged contract is normally incompatible with the claim that the New Jersey plaintiffs and New Jersey defendants agreement to terms. If the contemplated agreement is to be bilateral, the offeror and offeree alike must express agreement as to every term of the New Jersey contract. The offerror does this in the offer; the offeree must do it in his acceptance. When interpreting a New Jersey contract, it is not the real intent that controls but rather the intent expressed or apparent in the writing. Further, normally it is not the New Jersey court’s role to make a new contract or to supply any material stipulations or conditions which contravene the New Jersey agreements of the New Jersey plaintiffs and New Jersey defendants. The mere fact that a New Jersey contract is somewhat harsh or unfair in its operation does not excuse the performance of same and the New Jersey court cannot create contractual obligations that are not based on the expressed intention of the New Jersey plaintiffs and New Jersey defendants. Indeed, the New Jersey court will not normally rewrite the New Jersey agreement to provide the protection which a New Jersey plaintiff or New Jersey defendant failed to obtain for themselves. Instead, the judicial function of the New Jersey court is normally to enforce the New Jersey contract as it is written. Moreover, where the New Jersey plaintiffs and New Jersey defendants are experienced businesspeople, courts generally should not tinker with a finely drawn and precise contract entered into by experienced business people that regulates their financial affairs. Also, equitable relief is not normally available merely because enforcement of the New Jersey contract causes hardship to one of the New Jersey plaintiffs and New Jersey defendants. Thus, if a New Jersey contract contains ambiguous or doubtful terms, the New Jersey contract is generally construed against its drafter. The interpretation of a New Jersey contract is often a legal question for the New Jersey court rather than for a New Jersey jury.

ARE NEW JERSEY ORAL CONTRACTS ENFORCEABLE IN A NEW JERSEY COURT?
An oral contract for goods or services between businesses may be enforceable in a New Jersey Court, especially if there is proof that the terms of the New Jersey contract were sufficiently definite and that the New Jersey plaintiffs and New Jersey defendants agreed to be bound to the oral agreement. While there does exist a statute of frauds in New Jersey that requires that certain contracts be in writing, in certain situations, it can be overcome.

WHAT ARE THE ELEMENTS OF A VALID NEW JERSEY CONTRACT
A New Jersey contract arises from proper acceptance, and must be sufficiently definite that the performance to be rendered by the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant can be ascertained with reasonable certainty. To establish that the New Jersey contract existed, the New Jersey breach of contract plaintiff must prove the following:
1. Meeting of the minds — the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant reached an agreement to (do what is alleged).

2. Offer and acceptance — one New Jersey contract case plaintiff or New Jersey contract case defendant communicated a willingness to enter into the agreement and the other party gave some outward indication that the agreement was accepted.

3. New Jersey contract consideration — the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant gave or promised something of value to the other.

4. Certainty — the terms of the agreement were reasonably certain.


WHAT IS A MEETING OF THE MINDS IN A NEW JERSEY CONTRACT CASE?
For the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant to reach an agreement, they must have a meeting of the minds on the material terms. To have a meeting of the minds, both parties must understand what each is agreeing to do or not to do. Is the New Jersey contract cannot be based upon the secret or hidden intention or understanding of one New Jersey contract case plaintiff or New Jersey contract case defendant.

WHAT IS OFFER AND ACCEPTANCE N A NEW JERSEY CONTRACT CASE?
A New Jersey contract offer occurs when one New Jersey contract case plaintiff or New Jersey contract case defendant communicates to another a willingness to enter into a New Jersey contract and does so under circumstances justify the other New Jersey contract lawsuit plaintiff or New Jersey contract lawsuit defendant understanding that if the New Jersey contract offer is accepted, an agreement would result. A New Jersey contract offer must be reasonably clear, definite and certain in all its essential terms.

A New Jersey contract acceptance occurs when a New Jersey contract case plaintiff or New Jersey contract case defendant shows intent to agree to a New Jersey contract offer. The New Jersey contract acceptance may be made by words or conduct. It must be made before the New Jersey contract offer is withdrawn or lapses, and it must match the terms of the New Jersey contract offer exactly. A proposal to accept a New Jersey contract offer on any different terms is not a New Jersey contract acceptance of the original offer. If any new or different terms are proposed in response to the New Jersey contract offer, the response is not a New Jersey contract acceptance but rather a New Jersey contract counter-offer. A New Jersey contract counter-offer is a new New Jersey contract offer by the New Jersey contract lawsuit plaintiff or New Jersey contract defendant making that proposal. The new New Jersey contract offer must in turn be agreed to by the New Jersey contract lawsuit plaintiff or New Jersey contract defendant who made the original offer for there to be a New Jersey contract acceptance.

WHAT IS NEW JERSEY CONTRACT CONSIDERATION IN A NEW JERSEY CONTRACT CASE?
New Jersey contract consideration is something of value. Thus for there to be a sufficient exchange of New Jersey contract consideration, something of value must be bargained for. New Jersey contract consideration can be a benefit to one New Jersey contract case plaintiff or New Jersey contract case defendant or loss of a benefit to the other party. Its actual value in money terms is not important. But the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant must have given or promised something of value to the other party. Where is the New Jersey contract provides for an exchange of promises, each promise is New Jersey contract consideration for the other promise.

WHAT IS CERTAINTY IN A NEW JERSEY CONTRACT CASE?
To satisfy the certainty requirement, the New Jersey contract lawsuit plaintiff must demonstrate that the terms were sufficiently clear so that what the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant was to do or not to do could be determined with reasonable certainty. In other words, the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant must be able to determine what it is that is the New Jersey contract requires them to do or not to do and to determine later whether those obligations have been satisfied.

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.

WHAT IS THE NEW JERSEY CONTRACT NOVATION DEFENSE?
Under the New Jersey contract novation defense, the New Jersey contract lawsuit defendant claims that a New Jersey novation has occurred, which means that a new and different New Jersey contract has been substituted for the old one. If a new contract has been substituted for the old one, the New Jersey contract lawsuit plaintiff cannot enforce the old New Jersey contract against the New Jersey contract lawsuit defendant. The New Jersey contract lawsuit plaintiff denies that a new and different New Jersey contract has been substituted for the old one. The New Jersey court must decide whether the New Jersey contract lawsuit defendant has proved that a New Jersey novation has occurred.
A New Jersey novation may be broadly defined as a substitution of a new contract for an old one. When a New Jersey novation occurs, the old New Jersey contract is extinguished or ended. A New Jersey contract novation is, therefore, a substituted New Jersey contract that includes either new agreed terms or a new party. A New Jersey novation which substitutes a New Jersey contract case plaintiff or New Jersey contract case defendant involves the immediate discharge of an old debt or duty, or part of it, and the creation of a new one.Because of the broad reaching effect of a New Jersey novation, it is necessary that there be a mutual agreement among the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant to the old and new obligation whereby a new agreement is substituted for the old one. One New Jersey contract case plaintiff or New Jersey contract case defendant cannot be relieved of obligations under a New Jersey contract without the consent of the other party. In order for the New Jersey contract lawsuit defendant to prevail on this New Jersey contract lawsuit defense, therefore, there must be a clear and definite intention on the part of the old parties and the new party to substitute the new party for the old one or there must be a clear and definite intention on the part of the New Jersey contract lawsuit defendant and the New Jersey contract lawsuit plaintiff to substitute a new term for an old one. Although a New Jersey novation need not be expressed, but may be implied, the burden of proving the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant’ intentions rests with the New Jersey contract lawsuit defendant who is alleging that a New Jersey novation took place. Remember that under a New Jersey novation there is either an entirely new agreement between the existing parties or there is a substitution of parties. Thus, if the New Jersey Court finds that the New Jersey contract lawsuit defendant has proved a New Jersey novation, then the New Jersey Court maynot enforce the old New Jersey contract against the New Jersey contract lawsuit defendant. If the New Jersey Court finds that the New Jersey contract lawsuit defendant has not proved a New Jersey novation, then the New Jersey Court may enforce the old New Jersey contract against the New Jersey contract lawsuit defendant.

WHAT IS THE NEW JERSEY CONTRACT DURESS DEFENSE?
If a New Jersey contract lawsuit defendant makes a New Jersey contract because of duress by the New Jersey contract lawsuit plaintiff, then the New Jersey contract is void and the New Jersey contract lawsuit plaintiff cannot enforce is the New Jersey contract against the New Jersey contract lawsuit defendant. Under New Jersey contract law, it could be unclear whether a New Jersey contract entered into under duress is void, or merely voidable. But it is likely that if the New Jersey duress defense applies to the New Jersey breach of contract lawsuit, the New Jersey contract lawsuit plaintiff cannot make the New Jersey contract lawsuit defendant do what is the New Jersey contract required, or make the New Jersey contract lawsuit defendant pay money to the New Jersey contract lawsuit plaintiff because the New Jersey contract lawsuit defendant did not do what is the New Jersey contract required. Under the New Jersey Duress defense to a New Jersey breach of contract lawsuit, the New Jersey contract lawsuit defendant claims that he/she made is the New Jersey contract with plaintiff only because of the duress by the New Jersey contract lawsuit plaintiff. To prove that is the New Jersey contract was made because of the New Jersey contract defendant’s duress, defendant must show that the New Jersey contract lawsuit defendant was the victim of a wrongful or unlawful act or threat by the New Jersey contract lawsuit plaintiff which forced the New Jersey contract lawsuit defendant to do what the New Jersey contract lawsuit defendant would not have done voluntarily. The New Jersey contract defendant may claim that the wrongful or unlawful acts or threats were physical or psychological duress or economic duress. While there may be disagreement among the New Jersey courts as to what degree of coercion is necessary to a finding of economic duress, there is general agreement as to its basic elements: (1) The party alleging economic duress must show that he has been the victim of a wrongful act of threat; and (2) Such act or threat must be one which deprives the victim of his unfettered will. It is possible that the party threatened must be compelled to make a disproportionate exchange of values or to give up something for nothing. The New Jersey court deciding the New Jersey breach of contract lawsuit decides as a matter of New Jersey contract law whether or not these allegedly wrongful acts, if proved to have occurred, are wrongful. The New Jersey Court decides first, if the acts or threats were made, and second, whether they forced the New Jersey contract lawsuit defendant to do what the New Jersey contract lawsuit defendant would not have done voluntarily. It does not matter whether some person other than the New Jersey contract lawsuit defendant would have been forced. The New Jersey court must focus on the New Jersey contract lawsuit defendant in this case; consider defendant’s state of mind, age and the relationship between the New Jersey contract lawsuit defendant and the person whom the New Jersey contract lawsuit defendant claims threatened defendant. The New Jersey court deciding the New Jersey contract duress defense considers all the other surrounding circumstances. Did the New Jersey contract lawsuit defendant have time to reflect about the transaction? Could the New Jersey contract lawsuit defendant have resisted the threat by getting relief from the New Jersey courts? Did the New Jersey contract lawsuit defendant resist such threats in the past? After considering all those factors, the New Jersey court must decide whether the New Jersey contract lawsuit defendant, in fact, was forced to do what the New Jersey contract lawsuit defendant would not have done voluntarily.

WHAT IS A NEW JERSEY CONTRACT RATIFICATION?
In certain New Jersey contract lawsuits, the New Jersey contract lawsuit plaintiff claims that even if there were threats that overcame the New Jersey contract lawsuit defendant’s will, those threats were removed and the New Jersey contract lawsuit defendant could have then complained, but did not. As a result, the New Jersey contract lawsuit defendant must do what is the New Jersey contract required, or pay money to the New Jersey contract lawsuit plaintiff because the New Jersey contract lawsuit defendant did not do what is the New Jersey contract required. The New Jersey contract lawsuit plaintiff has the burden to show that the threats, if there were any, were removed, and that the New Jersey contract lawsuit defendant did not complain within a reasonable time.

WHAT IS THE NEW JERSEY CONTRACT INTERFERENCE DEFENSE?
The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit plaintiff prevented or hindered the New Jersey contract lawsuit defendant’s performance of an obligation. The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit plaintiff prevented or hindered the New Jersey contract lawsuit defendant’s performance. The New Jersey contract lawsuit defendant must prove that the New Jersey contract lawsuit plaintiff prevented or hindered the New Jersey contract lawsuit defendant’s performance of obligation required by is the New Jersey contract and that the performance would have been fulfilled (or substantially completed) but for the New Jersey contract lawsuit plaintiff’s prevention or hindrance. If the New Jersey contract lawsuit defendant proves that the New Jersey contract lawsuit plaintiff prevented or hindered the New Jersey contract lawsuit defendant’s performance, the New Jersey contract lawsuit plaintiff cannot recover for a New Jersey contract breach that resulted from those actions.

WHAT IS THE NEW JERSEY CONTRACT WAIVER DEFENSE?
The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit plaintiff has waived the right to insist on performance by the New Jersey contract lawsuit defendant of an obligation. To excuse his or her non-performance, the New Jersey contract lawsuit defendant must prove that the New Jersey contract lawsuit plaintiff voluntarily and knowingly gave up plaintiff’s right to insist on performance of the obligation]. In other words, the New Jersey contract lawsuit plaintiff must have known that the New Jersey contract lawsuit plaintiff had the right to insist on the completion of the obligation by the New Jersey contract lawsuit defendant, but nevertheless agreed to give up this right. If the New Jersey contract lawsuit defendant proves that the New Jersey contract lawsuit plaintiff actually intended to give up a known right under is the New Jersey contract, the New Jersey contract lawsuit defendant may be excused from performing defendant’s obligation and the New Jersey contract lawsuit plaintiff can no longer enforce that part of the New Jersey contract.

WHAT IS THE NEW JERSEY CONTRACT TERMINATION DEFENSE?
The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant agreed to end the New Jersey contract. If the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant agreed to end their contract, the New Jersey contract lawsuit plaintiff cannot now enforce is the New Jersey contract against the New Jersey contract lawsuit defendant. In order for the New Jersey contract lawsuit defendant to prove a defense based on termination, the New Jersey contract lawsuit defendant must show that both parties agreed to end their contract. In deciding whether the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant reached such an agreement, you should consider the totality of the circumstances, including what the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant said or did. Sometimes, an illegal provision or a term contrary to public policy may be severed if it does not defeat the purpose of the whole contract. Also, an illegal New Jersey contract may sometimes be enforced to avoid hurting a person intended to be protected by the law, or to avoid an unjust forfeiture.

WHAT IS THE NEW JERSEY CONTRACT ILLEGALITY DEFENSE?
If a New Jersey contract breaks the law or violates public policy, then the New Jersey contract lawsuit plaintiff often cannot enforce it. That means the New Jersey contract lawsuit plaintiff cannot make the New Jersey contract lawsuit defendant do what is the New Jersey contract required, or pay money for not doing what is the New Jersey contract required. The New Jersey contract lawsuit defendant claims that is the New Jersey contract cannot be enforced because of facts that make it violate the law or public policy. The New Jersey Court decides what would make the New Jersey contract illegal or against public policy so that it could not be enforced. If the New Jersey contract lawsuit defendant has proven those facts do exist, then the New Jersey contract will not be enforced.

WHAT IS THE NEW JERSEY CONTRACT IMPOSSIBILITY DEFENSE?
In some New Jersey contract lawsuit cases, if a New Jersey contract lawsuit defendant’s performance of the New Jersey contract becomes impossible, the New Jersey contract lawsuit plaintiff may not enforce is the New Jersey contract against the New Jersey contract lawsuit defendant; that is, the New Jersey contract lawsuit plaintiff may not make the New Jersey contract lawsuit defendant perform what is the New Jersey contract required, or make the New Jersey contract lawsuit defendant pay money damages for failing to do what is the New Jersey contract required. Impossibility or impracticability of performance are complete defenses where a fact essential to performance is assumed by the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant but does not exist at the time for performance. When performance of a New Jersey contract is dependent on the continued existence of a person, thing or circumstance, there is an implied condition that impossibility of performance caused by the death of the necessary person or destruction of the required object or circumstance, without the fault of the person against whom is the New Jersey contract is sought to be enforced, will excuse performance of the New Jersey contract. The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit defendant’s performance of the New Jersey contract became impossible because of certain alleged facts rendering contract impossible to perform.
In order to prove a defense based on impossibility, the New Jersey contract lawsuit defendant must show four things. First, the New Jersey contract lawsuit defendant must show that the event that the New Jersey contract lawsuit defendant claims made performance of the New Jersey contract impossible actually occurred. Second, the New Jersey contract lawsuit defendant must show that the [event] made keeping his/her promise impossible. Keep in mind that the New Jersey contract lawsuit defendant’s personal inability to perform is not enough. The New Jersey court must find that the thing cannot be done, not simply that the New Jersey contract lawsuit defendant cannot do it, or that the New Jersey contract lawsuit defendant can only do it with great difficulty or at great expense. Third, the New Jersey contract lawsuit defendant must show that neither defendant nor the New Jersey contract lawsuit plaintiff reasonably foresaw the [event] when they made is the New Jersey contract. The basis of the defense of impossibility is the presumed mutual assumption when the New Jersey contract made that ‘some fact essential to performance then exists or that it will exist when the time for performance arrives. The only evidence, however, of such mutual assumption is, generally, that the court thinks a reasonable person, that is, the court itself, would not have contemplated taking the risk of the existence of the fact in question. Put another way, the New Jersey contract lawsuit defendant must show that it was beyond plaintiff’s contemplation that the New Jersey contract lawsuit plaintiff would be paid or that the New Jersey contract lawsuit defendant would have to perform if the event happened. For an event to trigger the defense, “it must be considered beyond the contemplation of the other party to is the New Jersey contract that he will be paid in such circumstances. Fourth, the New Jersey contract lawsuit defendant must show that the event that the New Jersey contract lawsuit defendant claims made performance impossible was beyond the New Jersey contract lawsuit defendant’s control and was not the New Jersey contract lawsuit defendant’s fault. New Jersey breach of contract liability should not be imposed on a New Jersey contract case plaintiff or New Jersey contract case defendant who acts in good faith but is unable to consummate an agreement for reasons not related to any wrongful act or misconduct on his part. The Rothman Court held that a New Jersey contract purchaser of realty was not liable to a real estate broker for commission lost due to defendant’s failure to consummate the purchase, since an unexpected drop in the stock market beyond the New Jersey contract lawsuit defendant’s control precluded the New Jersey contract lawsuit defendant from obtaining the funds necessary to complete the purchase.

WHAT IS THE NEW JERSEY CONTRACT FRUSTRATION OF PURPOSE DEFENSE?
Sometimes, if the main purpose of a New Jersey contract is frustrated or destroyed, the New Jersey contract lawsuit plaintiff may not enforce is the New Jersey contract against the New Jersey contract lawsuit defendant; that is, the New Jersey contract lawsuit plaintiff may not make the New Jersey contract lawsuit defendant perform what is the New Jersey contract required, or make the New Jersey contract lawsuit defendant pay money damages for failing to do what is the New Jersey contract required. Simply stated, the concept is that a New Jersey contract is to be considered subject to the implied condition that the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant shall be excused in case, before breach, the state of things constituting the fundamental basis of the New Jersey contract ceases to exist without default of either of the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant. The purpose that is frustrated must be common to both parties. To sustain a defense under the doctrine of frustration, it does not appear to be sufficient to disclose that the ‘purpose’ or ‘desired object’ of but one of the New Jersey contracting parties has been frustrated. It is their common object that has to be frustrated, not merely the individual advantage which one New Jersey contract case plaintiff or New Jersey contract case defendant or the other might have achieved from is the New Jersey contract. Where, after a New Jersey contract is made, a New Jersey contract case plaintiff or New Jersey contract case defendant’s principal purpose is substantially frustrated without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which is the New Jersey contract was made, his remaining duties to render performance are discharged, unless the language or the circumstances indicate the contrary. The New Jersey contract lawsuit defendant claims that the main purpose of the New Jersey contract in this case was frustrated or destroyed because the facts/circumstances that allegedly frustrated the New Jersey contract lawsuit defendant’s purpose. In order to prove a defense based on frustration of purpose, the New Jersey contract lawsuit defendant must first show, by clear and convincing evidence, that the New Jersey contract lawsuit plaintiff and the New Jersey contract lawsuit defendant implicitly agreed that their contract and their promises were conditioned on the purpose alleged. That is a question for me to decide, and I have found the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant did implicitly agree that a particular purpose was a condition or foundation of the New Jersey contract. The “pivotal question in a New Jersey frustration of purpose defense is in reality a compound of law and fact.” The legal issue appears to be whether the New Jersey contract includes an implied term. Courts under a more modern philosophy may and do exercise the power to infer from the nature and substance of the New Jersey contract and the surrounding circumstances that a critical and vital condition which is not expressed constituted a foundation on which the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant contracted. The fact issue pertains to whether the condition identified by the court is “essential.” “Factually the inquiry relates to the degree of dependency of the attainment of the essential object and purpose of the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant upon the continued existence of the condition. Was the continued existence of the situation that constitutes the condition of the essence of the agreement?” But, that does not end the issue. The New Jersey contract lawsuit defendant must still persuade you, by clear and convincing evidence, that the condition was not merely one of several, but was the essence of the New Jersey contract. The New Jersey contract lawsuit defendant must also show that the event or circumstance occurred; that it occurred through no fault of the New Jersey contract lawsuit defendant; and that it totally destroyed the whole purpose of the New Jersey contract. When parties enter into a New Jersey contract contemplating the continued existence of a state of things as the foundation of their mutual obligations and subsequently, those things cease to exist without default of either of the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant then the New Jersey contract ceases to exist. It is important to keep in mind that only those circumstances that the New Jersey contract lawsuit defendant could not reasonably be expected to have known will excuse the New Jersey contract lawsuit defendant’s performance based on frustration of purpose. If the New Jersey contract lawsuit defendant should reasonably have been expected to be aware of the circumstances that frustrated is the New Jersey contract’s purpose, then defendant may not be excused from defendant’s obligation to perform is the New Jersey contract.

WHAT IS THE NEW JERSEY CONTRACT UNDUE INFLUENCE DEFENSE?
If a New Jersey contract case plaintiff or New Jersey contract case defendant’s manifestation of assent to a New Jersey contract is induced by undue influence by the other party, is the New Jersey contract is voidable by the victim. If a New Jersey contract lawsuit defendant makes a New Jersey contract because of undue influence by the New Jersey contract lawsuit plaintiff, than is the New Jersey contract is voidable and may not be enforced against the New Jersey contract lawsuit defendant. That means that the New Jersey contract lawsuit plaintiff cannot make the New Jersey contract lawsuit defendant perform what is the New Jersey contract required, or make the New Jersey contract lawsuit defendant pay the New Jersey contract lawsuit plaintiff money damages for failing to do what is the New Jersey contract required. The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit defendant made is the New Jersey contract because of the undue influence exerted by the New Jersey contract lawsuit plaintiff. When a New Jersey contract lawsuit defendant makes a New Jersey contract because of undue influence, defendant does not follow defendant’s own will, but instead, follows the New Jersey contract lawsuit plaintiff’s will, which the New Jersey contract lawsuit plaintiff imposed on the New Jersey contract lawsuit defendant. Under New Jersey law, undue influence is mental, moral or physical exertion that destroys free agency and prevents a person from following his own will and instead, forces him to accept the domination and influence of another. In order to prove a defense based on undue influence, the New Jersey contract lawsuit defendant must prove that the New Jersey contract lawsuit plaintiff’s influence prevented the New Jersey contract lawsuit defendant from deciding, based on defendant’s own free will, to make is the New Jersey contract. The New Jersey contract lawsuit defendant must prove that the New Jersey contract lawsuit plaintiff’s influence forced the New Jersey contract lawsuit defendant to do something that the New Jersey contract lawsuit defendant would not otherwise have done. It is important to keep in mind that not every type of influence can be characterized as undue. Honest persuasion, advice, suggestion, solicitation and even argument are not undue influence unless they prevent the New Jersey contract lawsuit defendant from acting based on his/her own will. The New Jersey contract lawsuit defendant must prove defendant’s defense of undue influence by a preponderance of the evidence.

WHAT IS THE NEW JERSEY CONTRACT CONFIDENTIAL RELATIONSHIP DEFENSE?
The New Jersey contract lawsuit defendant claims defendant had a confidential relationship with the New Jersey contract lawsuit plaintiff. If the New Jersey contract lawsuit defendant proves the existence of a confidential relationship with the New Jersey contract lawsuit plaintiff, you as jurors must presume that is the New Jersey contract was made as a result of undue influence. the New Jersey contract lawsuit plaintiff or New Jersey contract defendant seeking to set aside a New Jersey contract has the burden of proving the existence of a dominant confidential relationship before the burden is shifted to the person in whom confidence is reposed and who has benefitted from is the New Jersey contract to prove that is the New Jersey contract was not assented to as a result of undue influence. In other words, once the New Jersey contract lawsuit defendant proves that a confidential relation existed, then the New Jersey contract lawsuit defendant no longer has the burden of proving that is the New Jersey contract was made as a result of undue influence. Instead, the burden shifts to the New Jersey contract lawsuit plaintiff to prove that the New Jersey contract lawsuit defendant agreed to is the New Jersey contract based on defendant’s own free will and a clear understanding of the New Jersey contract terms. Once the presumption of undue influence has been raised in a New Jersey contract dispute, the New Jersey contract lawsuit plaintiff or New Jersey contract defendant who benefits from is the New Jersey contract must overcome the presumption by a preponderance of the evidence. Under New Jersey contract law, a confidential relationship as any one between two parties where trust and confidence exist and where one of the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant is more or less dependent on the other. By confidential relationship, New Jersey Contract law does not mean simply a relationship where people share confidences or secrets. Rather, a confidential relationship in cases of alleged undue influence is any relationship where the New Jersey contract lawsuit defendant depends on or relies on the New Jersey contract lawsuit plaintiff for any significant support, assistance or service. The test to determine whether a confidential relationship exists, giving rise to a presumption of undue influence, is whether the relationship between the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant to a New Jersey contract is of such a character of trust and confidence as to render it reasonably certain that one New Jersey contract case plaintiff or New Jersey contract case defendant occupied a dominant position over the other and that consequently, they did not deal on terms of equality. When a person depends on another in a confidential relationship, one person holds a dominant position over the other, and the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant do not deal on equal terms. The test to determine whether a confidential relationship exists, giving rise to a presumption of undue influence, is whether the relationship between the New Jersey contract lawsuit plaintiff and New Jersey contract lawsuit defendant to a New Jersey contract is of such a character of trust and confidence as to render it reasonably certain that one New Jersey contract case plaintiff or New Jersey contract case defendant occupied a dominant position over the other and that consequently, they did not deal on terms of equality. As a result, the person in whom confidence is placed may take advantage of his/her dominant position to influence the other to make a New Jersey contract against his or her will. The New Jersey court must decide if a confidential relationship existed between the New Jersey contract lawsuit plaintiff and the New Jersey contract lawsuit defendant when the New Jersey contract was made. If the New Jersey Court finds that a confidential relationship existed, the New Jersey court must then decide whether the New Jersey contract lawsuit plaintiff has proved that the New Jersey contract lawsuit defendant nonetheless made is the New Jersey contract based on defendant’s own will. If the New Jersey Court finds that the New Jersey contract lawsuit plaintiff has proved that the New Jersey contract lawsuit defendant made is the New Jersey contract based on defendant’s own will, then the New Jersey court must reject defendant’s undue influence defense.

WHAT IS THE NEW JERSEY CONTRACT FIDUCIARY RELATIONSHIP DEFENSE?
The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit plaintiff had a New Jersey fiduciary relationship with the New Jersey contract lawsuit defendant, and, as a result, exercised undue influence over the New Jersey contract lawsuit defendant. The New Jersey contract lawsuit defendant has the burden to prove that the fiduciary relationship existed. If the New Jersey contract lawsuit defendant meets that burden, then you, as jurors, must presume that is the New Jersey contract was made as a result of undue influence, unless the New Jersey contract lawsuit plaintiff convinces you otherwise. In other words, the New Jersey contract lawsuit defendant no longer has the burden of proving that is the New Jersey contract was made as a result of undue influence. Instead, the burden shifts to the New Jersey contract lawsuit plaintiff to prove by clear and convincing evidence that the New Jersey contract lawsuit defendant made is the New Jersey contract based on defendant’s own free will and a clear understanding of the New Jersey contract terms. Once a New Jersey contract case plaintiff or New Jersey contract case defendant who alleges undue influence has made a case for the existence of a New Jersey fiduciary relationship, any gain realized by the dominant party will be presumed to have been the result of the dominant party’s abuse of such relationship and is prima facie voidable. A New Jersey fiduciary is under a duty to act for or give advice for the benefit of another person on matters within the scope of their relationship. A New Jersey fiduciary holds a dominant position and has a duty of absolute loyalty and good faith.
It is your job to determine whether a New Jersey fiduciary relationship existed between the New Jersey contract lawsuit plaintiff and the New Jersey contract lawsuit defendant at the time is the New Jersey contract was made. If the New Jersey Court finds that the New Jersey contract lawsuit defendant has shown that a New Jersey fiduciary relationship existed and the New Jersey contract lawsuit plaintiff has failed to prove, by clear and convincing evidence, that the New Jersey contract lawsuit defendant made is the New Jersey contract based on defendant’s own will, then defendant may void is the New Jersey contract. If the New Jersey Court finds that the New Jersey contract lawsuit plaintiff has proved, by clear and convincing evidence, that the New Jersey contract lawsuit defendant made is the New Jersey contract based on defendant’s own will, then the New Jersey court must reject the New Jersey contract lawsuit defendant’s undue influence defense.

WHAT IS THE NEW JERSEY CONTRACT INDEPENDENT ADVICE DEFENSE?
If the New Jersey contract lawsuit defendant has shown that the New Jersey contract lawsuit defendant had a confidential or fiduciary relationship with the New Jersey contract lawsuit plaintiff, the New Jersey court must also consider whether the New Jersey contract lawsuit defendant consulted with an impartial person not affiliated with the New Jersey contract lawsuit plaintiff about whether the New Jersey contract was in the New Jersey contract lawsuit defendant’s best interest. If the New Jersey contract lawsuit defendant did have the benefit of advice from an impartial party, then the New Jersey contract may be enforced. Where one New Jersey contract case plaintiff or New Jersey contract case defendant to a New Jersey contract is dependent on the other and makes an apparently improvident contract, depriving himself of his property in favor of the other, is the New Jersey contract cannot be sustained unless it is shown that the subordinate party had the benefit of independent advice. When a confidential relationship is shown, the New Jersey contract lawsuit plaintiff has the burden to prove that the New Jersey contract lawsuit defendant received competent independent advice. When a dominant confidential relationship is proven, the burden of showing that the subordinate party received competent independent advice before making a New Jersey contract or a gift falls on the dominant party who has benefited from the transaction.

WHAT IS A NEW JERSEY CONTRACT RATIFICATION?
In certain New Jersey contract lawsuits, the New Jersey contract lawsuit plaintiff claims that even if there was undue influence exerted on the New Jersey contract lawsuit defendant, is the New Jersey contract will be enforced if the undue influence was removed and the New Jersey contract lawsuit defendant could have complained but did not. The New Jersey contract lawsuit plaintiff has the burden to show that the undue influence, if there had been any, was removed, and that the New Jersey contract lawsuit defendant did not complain within a reasonable time.

WHAT IS THE NEW JERSEY BREACH OF FIDUCIARY DUTY DEFENSE?
If a New Jersey contract lawsuit defendant makes a New Jersey contract with a New Jersey fiduciary and the fiduciary fails to act with complete honesty and loyalty to the New Jersey contract lawsuit defendant, then the New Jersey contract lawsuit defendant may void is the New Jersey contract and is the New Jersey contract will not be enforced against defendant. That means that the New Jersey contract lawsuit plaintiff cannot make the New Jersey contract lawsuit defendant do what is the New Jersey contract required or make the New Jersey contract lawsuit defendant pay money damages for failing to do what is the New Jersey contract required. The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit plaintiff was a New Jersey fiduciary and that the New Jersey contract lawsuit plaintiff breached plaintiff’s duty. A New Jersey fiduciary is under a duty to act for or give advice for the benefit of another person on matters within the scope of their relationship. The person to whom a New Jersey fiduciary has a duty is called a principal. A New Jersey fiduciary has a duty of absolute loyalty and good faith to his or her principal, and must disclose any information or circumstance that might affect the fiduciary’s loyalty to the principal. No principle of law is more firmly established than that which forbids an agent to take an unfair personal advantage of the opportunities of his position in the use of things entrusted to him in the capacity of a New Jersey fiduciary. The New Jersey contract lawsuit defendant must prove by a preponderance of the evidence that the New Jersey contract lawsuit plaintiff was in a New Jersey fiduciary relationship with the New Jersey contract lawsuit defendant when the New Jersey contract was made. If the New Jersey Court finds that there was a New Jersey fiduciary relationship between the New Jersey contract lawsuit plaintiff and the New Jersey contract lawsuit defendant when the New Jersey contract was made, then the New Jersey contract lawsuit plaintiff has the burden of proving, by clear and convincing evidence, that the New Jersey contract lawsuit plaintiff made full disclosure, was honest, and acted in good faith and in the New Jersey contract lawsuit defendant’s best interest. Keep in mind that if the New Jersey Court finds that a New Jersey fiduciary relationship existed and that the New Jersey contract lawsuit plaintiff breached plaintiff’s fiduciary duty, it does not matter whether or not is the New Jersey contract itself turned out to be a bad deal or an unfair deal for the New Jersey contract lawsuit defendant. The New Jersey contract lawsuit defendant may still void is the New Jersey contract. The New Jersey court must decide, has the New Jersey contract lawsuit plaintiff proved that the New Jersey contract lawsuit plaintiff was completely honest with defendant? Did the New Jersey contract lawsuit plaintiff make full disclosure? Did the New Jersey contract lawsuit plaintiff act honorably? If the New Jersey Court’s answer is "no" to any of those questions, then the New Jersey contract lawsuit defendant may void is the New Jersey contract.

WHAT IS THE NEW JERSEY MENTAL COMPETENCY DEFENSE?
Many times, if a New Jersey contract lawsuit defendant was incompetent when the New Jersey contract lawsuit defendant made is the New Jersey contract, then the New Jersey contract cannot be enforced. That means the New Jersey contract lawsuit plaintiff cannot make the New Jersey contract lawsuit defendant do what is the New Jersey contract required, or make the New Jersey contract lawsuit defendant pay money for not doing what is the New Jersey contract required. The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit defendant was incompetent when the New Jersey contract was made. The New Jersey Court decides if the New Jersey contract lawsuit defendant has shown that the New Jersey contract lawsuit defendant was incompetent when defendant made is the New Jersey contract. To show that the New Jersey contract lawsuit defendant was incompetent, the New Jersey contract lawsuit defendant must show that when defendant made is the New Jersey contract, defendant did not have the mental capacity to understand the nature and effect of what the New Jersey contract lawsuit defendant was doing. The New Jersey Court may consider the testimony of medical, psychiatric or psychological experts. But remember, old age or physical or mental illness is not the same as incompetence. In deciding if the New Jersey contract lawsuit defendant was incompetent, you should ask: was the New Jersey contract lawsuit defendant able to understand what the New Jersey contract lawsuit defendant was doing. Sometimes, a person with plenty of intelligence and mental capacity will sign a New Jersey contract without thinking about the consequences. That’s not incompetence. That person could understand; but simply did not bother. An incompetent person does not have the ability to understand. Even if another court made a finding about a person’s mental illness, for example, by committing the person to a mental hospital, that by itself does not decide that the person was incompetent to make a New Jersey contract. However, the New Jersey Court may take that into account in making the New Jersey Court’s decision.

WHAT IF THE NEW JERSEY CONTRACT LAWSUIT DEFENDANT WAS INTOXICATED?
The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit defendant was incompetent because he was intoxicated. To prove incompetence by reason of intoxication, the New Jersey contract lawsuit defendant must show that the New Jersey contract lawsuit defendant was so intoxicated that the New Jersey contract lawsuit defendant’s mental powers of reasoning and understanding were so impaired that the New Jersey contract lawsuit defendant could not realize and appreciate the nature and consequences of what the New Jersey contract lawsuit defendant was doing.

WHAT IF THE NEW JERSEY CONTRACT WAS FOR THE PURCHASE OF NECESSARIES?
Sometimes, even when a New Jersey contract lawsuit defendant was incompetent, is the New Jersey contract will be enforced. One of those times is when the New Jersey contract was for necessaries; that is, a New Jersey contract for the sale of something that the New Jersey contract lawsuit defendant could not live without. That kind of contract is enforceable, even if made by an incompetent person, if the New Jersey contract lawsuit plaintiff did not know that the New Jersey contract lawsuit defendant was incompetent and did not know facts that would have led a reasonable person to conclude that the New Jersey contract lawsuit defendant was incompetent and if is the New Jersey contract was fair – that is, the New Jersey contract did not take advantage of the New Jersey contract lawsuit defendant. The New Jersey contract lawsuit plaintiff claims that is the New Jersey contract in this case was the kind of a New Jersey contract that can be enforced; the New Jersey contract lawsuit plaintiff says that it was fair, it was for necessaries, and the New Jersey contract lawsuit plaintiff did not know that the New Jersey contract lawsuit defendant was incompetent and did not know facts that would have led a reasonable person to now that the New Jersey contract lawsuit defendant was incompetent. The New Jersey contract lawsuit defendant denies this. It is the New Jersey contract lawsuit plaintiff’s burden to show that is the New Jersey contract and facts were as plaintiff claims.

WHAT IF THE NEW JERSEY CONTRACT LAWSUIT PLANTIFF PERFORMED THE NEW JERSEY CONTRACT?
Sometimes, even when a New Jersey contract lawsuit defendant was incompetent, is the New Jersey contract will be enforced. One of those times is when the New Jersey contract lawsuit plaintiff has completed plaintiff’s end of the bargain; and is the New Jersey contract was fair, in other words, is the New Jersey contract did not take advantage of the New Jersey contract lawsuit defendant; and the New Jersey contract lawsuit plaintiff did not know that the New Jersey contract lawsuit defendant was incompetent when he/she made is the New Jersey contract; and the New Jersey contract lawsuit plaintiff did not know facts that would have led a reasonable person to know that the New Jersey contract lawsuit defendant was incompetent. Plaintiff says that is the New Jersey contract in this case was the kind of contract that can be enforced even if the New Jersey contract lawsuit defendant was incompetent. Plaintiff claims that the New Jersey contract lawsuit plaintiff has delivered what the New Jersey contract lawsuit plaintiff promised; is the New Jersey contract was fair; and the New Jersey contract lawsuit plaintiff did not know and could not reasonably have known that the New Jersey contract lawsuit defendant was incompetent. The New Jersey contract lawsuit defendant denies this. It is the New Jersey contract lawsuit plaintiff’s burden to show that is the New Jersey contract and facts were as plaintiff claims.

WHAT IF THE NEW JERSEY CONTRACT LAWSUIT DEFENDANT WAS A MINOR?
Sometimes, a New Jersey contract with a minor may not be fully enforced, meaning, the adult who made is the New Jersey contract with the minor may not be able to force the minor to do all that the minor promised, or the adult may not be able to make the minor pay all the money that the adult would otherwise be entitled to if is the New Jersey contract had been made with an adult. However, under New Jersey law, certain New Jersey contracts with minors are enforceable as if they were made with an adult. The New Jersey contract lawsuit defendant says that when the New Jersey contract lawsuit defendant made is the New Jersey contract with the New Jersey contract lawsuit plaintiff, the New Jersey contract lawsuit defendant was under the age of eighteen -- which is the age of adulthood under New Jersey law. The New Jersey contract lawsuit defendant has the burden to show that when the New Jersey contract lawsuit defendant made is the New Jersey contract, the New Jersey contract lawsuit defendant was under the age of eighteen. However, even if the New Jersey contract lawsuit defendant was under eighteen when he/she made is the New Jersey contract, the New Jersey contract lawsuit plaintiff is entitled to the reasonable value of goods or services sold, leased, rented, etc. to the New Jersey contract lawsuit defendant, if the goods or services were "necessary" -- that is, if the goods or services were something that the New Jersey contract lawsuit defendant required in order to live, considering the nature of the thing sold, and the New Jersey contract lawsuit defendant’s needs at the time. Basic food, shelter and health care are examples of necessary things. The New Jersey contract lawsuit plaintiff says that the goods or services he sold, leased, rented, etc. under is the New Jersey contract were necessary. The New Jersey contract lawsuit plaintiff has the burden to prove that the goods or services were necessary. And even if the New Jersey contract lawsuit plaintiff convinces you that the goods or services were necessary, the New Jersey contract lawsuit plaintiff is entitled only to the reasonable value of the goods or services, even if that is less than the amount in is the New Jersey contract. The New Jersey contract lawsuit plaintiff has the burden to prove to you that the amount in is the New Jersey contract was a reasonable amount. Further, a person who was under eighteen when he/she made is the New Jersey contract may not undo is the New Jersey contract if he/she has already ratified it after he/she reached eighteen. A person ratifies a New Jersey contract when he/she acts in a way that shows that he/she wants to keep is the New Jersey contract. Simply waiting to disavow a New Jersey contract is not enough by itself to show that the New Jersey contract lawsuit defendant ratified is the New Jersey contract. Plaintiff has the burden to show that the New Jersey contract lawsuit defendant ratified is the New Jersey contract. Plaintiff says that the New Jersey contract lawsuit defendant ratified is the New Jersey contract. If the New Jersey Court finds that the New Jersey contract lawsuit defendant has in fact ratified is the New Jersey contract, then the New Jersey contract lawsuit plaintiff may enforce is the New Jersey contract, even though defendant was under eighteen when he/she first made is the New Jersey contract. In some New Jersey contract lawsuits, the New Jersey contract lawsuit plaintiff says that the New Jersey contract lawsuit defendant misrepresented his/her age when he/she made is the New Jersey contract. The New Jersey contract lawsuit plaintiff says that the New Jersey contract lawsuit defendant misled plaintiff into thinking that the New Jersey contract lawsuit defendant was over eighteen. Plaintiff has the burden to prove that the New Jersey contract lawsuit defendant misrepresented defendant’s age. If the New Jersey Court finds that the New Jersey contract lawsuit defendant did misrepresent defendant’s age, then defendant may not undo is the New Jersey contract even though defendant made is the New Jersey contract when defendant was under eighteen, unless the New Jersey contract lawsuit defendant gives back to the New Jersey contract lawsuit plaintiff any benefits defendant received under is the New Jersey contract. If the New Jersey contract lawsuit defendant gives back any benefits defendant received, then defendant may undo is the New Jersey contract, even though the New Jersey contract lawsuit defendant misrepresented defendant’s age when he or she made is the New Jersey contract. A person who was under eighteen when he/she made is the New Jersey contract may not undo is the New Jersey contract on account of his/her age if the person was emancipated when he/she made is the New Jersey contract. A minor is emancipated if he or she is living independently of his or her parents or guardian, who have given up their right to custody and have been relieved of their duty to support. This can happen when a child is married before reaching the age of majority, or it can happen when the child has simply lived on his or her own as an adult. Plaintiff has the burden to prove that the New Jersey contract lawsuit defendant was emancipated.
A person who was under eighteen when he/she made is the New Jersey contract, may undo a New Jersey contract while he/she is under eighteen, or within a reasonable time, up to statute of limitations after reaching eighteen. But, even if the minor undoes is the New Jersey contract, the other party has a right to the return of any benefits, goods, services that were not paid for. Plaintiff has the burden of proving that the New Jersey contract lawsuit defendant has received benefits, goods, services for which there was no payment, and the amount that the New Jersey contract lawsuit plaintiff is entitled to recover.

WHAT IS THE NEW JERSEY ESTOPPEL DEFENSE?
The New Jersey contract lawsuit defendant claims that the New Jersey contract lawsuit plaintiff should be forbidden from insisting upon performance of an obligation due to the New Jersey contract lawsuit plaintiff’s statement or conduct. The New Jersey contract lawsuit defendant must prove that the New Jersey contract lawsuit defendant changed the New Jersey contract lawsuit defendant’s position to the New Jersey contract lawsuit defendant’s detriment by relying upon the New Jersey contract lawsuit plaintiff’s statement or conduct. The New Jersey contract lawsuit defendant must show: (1) that the New Jersey contract lawsuit plaintiff’s statement or conduct amounted to a misrepresentation or a concealment of material facts; (2) that the New Jersey contract lawsuit plaintiff knew or should have known the true facts; (3) that the New Jersey contract lawsuit defendant did not know of the facts concealed or the misrepre¬sentation at the time defendant acted upon the New Jersey contract lawsuit plaintiff’s statement or conduct; (4) that the statement or conduct was said (or done) by the New Jersey contract lawsuit plaintiff with the intention that it be relied upon by the New Jersey contract lawsuit defendant; (5) that the New Jersey contract lawsuit defendant actually relied on plaintiff’s conduct to defendant’s detriment or harm and that such reliance was reasonable and justified.

WHAT IS THE NEW JERSEY EQUITABLE FRAUD DEFENSE?
When a New Jersey contract lawsuit defendant has agreed to a New Jersey contract because the New Jersey contract lawsuit plaintiff made misrepresentations or concealed or failed to disclose information to the New Jersey contract lawsuit defendant that he/she should have disclosed, then, in some New Jersey contract lawsuit cases, is the New Jersey contract is voidable, and may not be enforced against the New Jersey contract lawsuit defendant. That means that the New Jersey contract lawsuit plaintiff cannot make the New Jersey contract lawsuit defendant perform what is the New Jersey contract required, or make the New Jersey contract lawsuit defendant pay the New Jersey contract lawsuit plaintiff money damages for failing to do what is the New Jersey contract required.
The New Jersey contract lawsuit defendant in this case claims that he/she made is the New Jersey contract because of plaintiff’s misrepresentations, concealment or non-disclosures. In order to prove a defense of misrepresentation, concealment or non-disclosure that would relieve the New Jersey contract lawsuit defendant of defendant’s obligation to do what is the New Jersey contract required, the New Jersey contract lawsuit defendant must show four things by clear and convincing evidence: (1) material misrepresentation; (2) misrepresentation was of a presently existing or past fact; (3) justifiable reliance by the other party; and (4) damages to the other party. First, to prove this New Jersey contract lawsuit defense, the New Jersey contract lawsuit defendant must prove that the New Jersey contract lawsuit plaintiff misrepresented an existing or past fact or concealed or failed to disclose an existing or past fact when the New Jersey contract lawsuit plaintiff was duty bound to disclose such a fact. A misrepresentation is any statement or conduct that is inconsistent with the facts -- in other words, a false statement. The New Jersey court must decide: did the New Jersey contract lawsuit plaintiff make the statement or representation as the New Jersey contract lawsuit defendant alleges? Was it statement or representation of fact? And, if so, was the statement or representation false? An opinion, or a statement of intent to do something in the future, is not a representation of fact. Just because an opinion turns out to be wrong does not make it false or a misrepresentation. And just because a person failed to do what he/she said he/she was going to do does not make a promise or statement of intent into a misrepresentation. However, it is a misrepresentation to falsely state one’s opinion, or to falsely state one’s intention. A misrepresentation can also be the concealment or non-disclosure of information that should be disclosed. Whether the New Jersey contract lawsuit plaintiff was required to disclose information is a decision for the New Jersey court. The New Jersey Court decides whether that duty was violated. Second, to succeed on defendant’s defense, the New Jersey contract lawsuit defendant must show that the misrepresentation or concealment or non-disclosure was of a fact or facts that were material. For a misrepresentation to be material, it must substantially affect a person’s interests. In other words, it must be important to a reasonable person and even if the information would not be important to the average person, if the New Jersey contract lawsuit plaintiff knew that the information was important to the New Jersey contract lawsuit defendant, then the misrepresentation must be viewed as material. Third, the New Jersey contract lawsuit defendant must show that the New Jersey contract lawsuit defendant justifiably relied on the New Jersey contract lawsuit plaintiff’s misrepresentation. Even if the New Jersey contract lawsuit plaintiff misrepresented facts, the defense fails if the New Jersey Court finds that the New Jersey contract lawsuit defendant did not rely on the misrepresentation (for example, because the New Jersey contract lawsuit defendant independently discovered the truth, or because the New Jersey contract lawsuit defendant did not pay attention to the misrepresentation). Fourth, the New Jersey contract lawsuit defendant must show that as a result of the misrepresentation, concealment or non-disclosure, defendant suffered a loss. The New Jersey contract lawsuit defendant is not required to show that the New Jersey contract lawsuit defendant suffered a financial loss to prove a defense of fraud; the New Jersey contract lawsuit defendant merely has to show that the New Jersey contract lawsuit defendant suffered some type of loss. It is important to note that in order to be relieved from his/her contractual obligation, the New Jersey contract lawsuit defendant does not have to prove that the New Jersey contract lawsuit plaintiff knowingly misrepresented a fact or that the New Jersey contract lawsuit plaintiff intended to deceive the New Jersey contract lawsuit defendant.

WHEN IS A NEW JERSEY CONTRACT INVALID BECAUSE IT WAS ENTERED INTO THROUGH FRAUD?
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 New Jersey consumer fraud victim or by the fact that the New Jersey consumer fraud victim might have discovered the New Jersey consumer fraud through prior investigation.

Purposeful concealment can be as destructive as an affirmative false statement. There exists a duty upon a New Jersey party to a New Jersey contract to disclose to the other New Jersey 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.

WHAT REMEDIES ARE AVAILABLE TO NEW JERSEY FRAUD VICTIMS WHO SIGN FRAUDULENT NEW JERSEY CONTRACTS?
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 New Jersey consumer fraud victim may, upon discovery of the New Jersey consumer fraud, either rescind the New Jersey contract entirely and recover the money or property obtained by the New Jersey consumer 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.

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 New Jersey 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 New Jersey party to a New Jersey contract is not ordinarily grounds for New Jersey contract rescission. To qualify for such relief, a New Jersey 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 New Jersey party, except for loss of bargain.

HOW DO I PROVE FRAUD IN A NEW JERSEY CONTRACT CASE?
Under New Jersey common law, there are two types of New Jersey common law fraud: New Jersey equitable fraud and New Jersey legal fraud. 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.

WHAT IS THE NEW JERSEY CONSUMER FRAUD ACT?
The New Jersey Consumer Fraud Act is a New Jersey law that regulates a very wide range of goods and services. The New Jersey Consumer Fraud Act was intended as a response to public harm resulting from deception, misrepresentation and unconscionable practices engaged in by professional sellers seeking mass distribution of many types of consumer goods. The New Jersey Consumer Fraud Act provides individuals and businesses with the right to file a New Jersey lawsuit against those that cause actual harm by using deception, misrepresentation and unconscionable practices when selling certain goods or services. The New Jersey Consumer Fraud Act provides New Jersey consumers with a greater level of protection than do some other remedies for fraud. Under the New Jersey Consumer Fraud Act, the burden of proof is often easier to meet and potential damages are greater, as the New Jersey Consumer Fraud Act allows certain defrauded and injured individuals and businesses to recover 3 times the amount of damages plus court costs and attorney's fees.

WHAT IS CONSIDERED “FRAUD” UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, 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, is declared to be an unlawful practice.

Generally speaking, the New Jersey Consumer Fraud Act creates three categories of prohibited acts:

1. Affirmative acts -- unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation.

2. Knowing omissions -- concealment, suppression or omission of any material fact.

3. Violations of certain sections of the New Jersey Consumer Fraud Act and of regulations adopted by the New Jersey Division of Consumer Affairs.

Under the New Jersey Consumer Fraud Act, mere proof of a subsection of the New Jersey Consumer Fraud Act or regulatory violation establishes unlawful conduct and thus, does not require separate proof of intent to evade or violate New Jersey contract law.

ARE NEW JERSEY CONTRACTS THAT VIOLATE THE NEW JERSEY CONSUMER FRAUD ACT ABLE TO BE CANCELLED?
• 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, fraudulent debts are subject to cancellation via the equitable relief afforded to New Jersey Consumer Fraud victims.
• If a merchant violates the New Jersey Consumer Fraud Act so as to render the contract unenforceable, the merchant is typically precluded from recovering any profit for the services rendered & instead, might only recover via quantum meruit, if at all.
• Even recovery via quantum meruit is questionable, as those who commit New Jersey Consumer Fraud should not profit from their misconduct.
• Before filing suit on behalf of a merchant seeking to collect debts that may be the product of New Jersey Consumer Fraud, attorneys should warn their clients in writing of the possibility that, if the debt is found to be the product of New Jersey Consumer Fraud, the suit may result in their:
o recovering nothing or far less than the amount sought;
o facing a judgment for their New Jersey consumer’s fees & costs in defending the collection action, regardless of proof of any New Jersey ascertainable loss ; &
o Facing New Jersey consumer fraud treble damages for causally related New Jersey ascertainable loss.

WHAT ARE EXAMPLES OF NEW JERSEY DEBTS THAT ARE NOT ABLE TO BE COLLECTED BECAUSE THE NEW JERSEY BUSINESS OWED THE DEBT VIOLATED THE NEW JERSEY CONSUMER FRAUD ACT?
The following are some examples of New Jersey debts that are not able to be collected because the New Jersey business owed the debt violated the New Jersey Consumer Fraud Act:
• Temporary help service firm not registered as a temporary help service firm with the Attorney General, sued another temporary help service firm for breach of contract for failure to pay for the first firm’s subcontractors’ services.
• NJ corporation recruiting & placing temporary computer consultants which was not registered as a temporary help service firm with the Attorney General, entered into an employment agreement with a computer consultant & sued him when he left the job.
• Mechanic’s efforts to collect on an outstanding bill via a counterclaim. Notwithstanding complete good-faith in performance, mechanic committed per se New Jersey Consumer Fraud Act violations of the automotive repair New Jersey Consumer Fraud regulations. mechanic’s efforts to collect on an outstanding bill via a counterclaim. Notwithstanding his being an impressive witness & showing complete good-faith in the performance of the parties’ agreement, the mechanic committed per se New Jersey Consumer Fraud Act violations of the automotive repair New Jersey Consumer Fraud regulations & the New Jersey consumer recovered New Jersey consumer fraud treble damages, fees & costs.
• Unlicensed landscape irrigation contractor sued to collect an unpaid bill for a sprinkling system. The collection complaint was dismissed & the New Jersey consumer obtained a New Jersey consumer fraud refund & an award of fees & costs.
• Owner of cleaning & restoration franchise specializing in mitigating damage following a fire or flood filed a collection action. New Jersey plaintiff’s failure to provide a written estimate & obtain a written authorization placed the cost of his services in doubt.

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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