New Jersey Contract Law
New Jersey contract law is the basis for most civil litigation in New Jersey. Whether it is small claims court litigation or major commercial litigation, it is more likely than not that the underlying claim stems from a contractual dispute.
Contract Formation in New Jersey
There are four main requirements to form a contract under New Jersey contract law:
- Offer and acceptance
- Consideration
- Meeting of the minds
- Certainty
To form a contract, one party must make an offer and the other party must accept the offer. Each party must give up something of value in order to create a legal contract. This is called consideration. Meeting of the minds refers to an understanding between the two parties what it is they are agreeing to do. Last but not least, the terms of the contract must be reasonably certain.
There is a common misconception that a contract must be in writing for it to be legally binding. Oral contracts, with some exceptions under the Statute of Frauds, are no less binding and enforceable. The biggest issue surrounding oral contracts is the lack of concrete evidence proving contract formation.
A contract may be express, implied, or a mixture of both. An implied contract is an agreement from the parties’ conduct or from the circumstances surrounding their relationship. If a party delivers goods to another party and receives payment in return on regular basis, it may be implied that there is a contract.
Breach of Contract in New Jersey
To establish a breach of contract claim in New Jersey the plaintiff must prove all of the following:
- The parties entered into a contract containing certain terms
- The plaintiff did what the contract required plaintiff to do
- The defendant materially breached the contract by failing to do what the contract required defendant to do
- The breach caused a loss to the plaintiff.
New Jersey Contract Attorneys
We assist our clients in all of the following throughout New Jersey:
- Contract formation
- Contract review
- Contract negotiations
- Breach of contract and other contract related disputes
- Breach of contract and other contract related litigation
We provide contract related legal representation in the following areas of law:
- Real Estate
- Landlord Tenant Law
- Business Law
- Family Law
- Entertainment Law
- Intellectual Property Law
- Commercial Transactions