New Jersey Breach Of Contract Legal Questions

Its really hard to answer this question based on the information you have provided.  Writing a simple letter should not take more than half an hour of time, but the lawyer would also be required to learn more about your case, perhaps do some research asto the current status of legal rights with regard to your matter, and then deal with follow up phone calls or additional letters. ... Read More

this is not a breach of contract as much as it may br Fraud.  I would go back to the dealership and demand they give you your money back or that you will bring a claim under the new Jersey Lemon Law.  there is a law that if you can prove they misrepresented the damage to the car, you could get three times the amount of damages plus attorney's fees.  Good Luck. ... Read More

The retainer agreement is the agreement by which the lawyer gets paid.  If you don't agree, don't pay the lawyer and you will go to fee arbitration. Don't confuse this with malpractice, the issue at fee arbitration isn't whether or not the lawyer did a good job but whether the hours billed were actually worked by the lawyer.   Without a signed agreement, it will be difficult for the lawyer to get paid.  ... Read More

You can sue for breach of contract, however, unfortunately, you don't have any acceleration provision in there ("In the event of a default in making payment, the entire balance shall immediated become due and owing."), so that you may have to sue over and over again as each payment is defaulted on, or you can sue on a few at a time, but the full amount won't be due for almost a year.  If you still had any obligations to perform under the contract, you might be able to rescind it due to a material breach by the other side, but not in this situation.  Also, $5 per day charge is probably unenforceable, and may even void the entire agreement.  It doesn't meet the requirements of a valid liquidated damages provision, and it amounts to over 1800% annual interest on the $100, which is usurious. ... Read More

If the agent has materially breached the listing agreement, you can rescind the agreement and list with another agent (unless the agreement provides otherwise, for example if it mandates notice of breach and a cure period.)  If you do so before a Court has ruled in your favor, however, you risk the possibility that a Court will later find that the agent did not materially breach the contract, and that you breached it by engaging another agent.... Read More

The agreement to sell the shares/percentages need to be reviewed. Thereafter the business operating agreement also needs to be reviewed. A letter would then needs to be sent out trying to amicably resolve this issue. If this does not work, a complaint for breach of contract, enforcement of it, etc, needs to be filed.... Read More

If you have a written contract, file a claim against the company in small claims court.  There are form on line that you can use to represent yourself.  Serve a copy of the ocmplaint on the company by certified mail.  They will have to answer the ocmplaint and come to court and if they don't you might be entitled to a default judgment.   http://www.judiciary.state.nj.us/prose/10290_small_claims.pdf  ... Read More

It depends.  A promise made without consideration, or detrimental reliance by the promisee, is generally not binding; a promise made for consideration is a contract.  If your dad's ex-girlfriend gratuitously offered to share the benefits, it is not enforceable, but if she agreed to share the benefits as a settlement of a dispute she was having with you over who should get them, that could be enforceable.  Some states, however, require settlement agreements to be more formal than a run of the mill contract (I'm not sure if NJ is one), and this letter may not meet those requirements.... Read More

It is always better to file a claim against an individual than a business, if you can.  Of course, rule of thumb is that you sue everybody you can, meaning you would sue both if you had meritorious claims.  However, in this case, I don't see any claim against the business.  Moreover, you make no mention of the business being a corporation, llc, or other independent entity.  When a person runs a business as a sole proprietorship, it is not a separate legal entity, it is just an asset of the individual owner, like a car.  It can't be sued separately.... Read More

It appears that the contractor is claiming that the company breached its (I say "its" because I assume that the "company" is a corporation, llc, or other legal entity) contract with him, but I can't tell from your question what term he believes was breached.  In most cases, a verbal contract is as valid and binding as a written one (although much more difficult to prove, obviously), and, from the information you've provided, it doesn't appear that this contract was one which needed to be in writing to be enforceable (some examples of which are agreements to sell real estate, agreements which can't possibly be fully performed within one year, etc.)  You should be careful to preserve all documents relevant to your dealings with the contractor and performance of the contract, and that you make no admissions in any correspondence you have with him, even by silence.  Thus, for example, if the contractor emails you to the effect that "we had an agreement that you would pay me $x for every week the employees I recruited worked for your company", and that was not your agreement, you should make sure to respond that "that was not part of our agreement."  In fact, you may want to make a blanket disclaimer on any response to him, along the lines of "we don't agree with any of the assertions you've made in your emails, but for the sake of trying to resolve this dispute ...., etc."  JDepending on how serious he seems about suing, and how much money is involved, you may want to retain an attorney and refer all communications to him/her.... Read More

you certainly can try - but I would go through all of the dispute resolution procedures listed on their site. You can file a complaint against the seller (if it wasn't Amazon) you can ask for a refund, file a complaint against Amazon directly, there are many avenues of relief available that you should try before litigation. ... Read More

If the requirement that your ex pays half the rent is in the judgment of divorce, then you need a family lawyer to go back to court with you on a motion to enforce the judgment.  If it is not part of the judgment of divorce, then it would be landlord tenant because he has to pay the lease he signed.  ... Read More

Why did the photographer offer you a full refund?  There's nothing in your question to indicate that she had any obligation to do so. Neverthelless, if there was consideration for this promise, i.e. the photographer got something in return (including being let off the hook for any services she had yet to render), and the photographer didn't condition her offer to you on anything (like "if I can book another gig on that date I'll give you a full refund) it is a valid contract (absent other things which you do not mention, like if she is a minor, or was coerced or defrauded into offering the refund).  You have the right to the full refund. One caveat.  From your question I have assumed that you contracted with the person who offered you the refund.  If you contracted with another person or entity, which could happen even if the photographer offering the refund signed the contract (for example, if she signed for XYZ Photos, or for her father), that person or entity may claim that she had no authority to offer a refund.  However, if the photographer offering the refund signed the contract, any lack of authority argument is likely doomed; if she had authority to enter into the contract, she had apparent authority to offer the refund.... Read More

First, I will assume that the contract is governed by NJ law.  I know nothing about UK law, and it may be very different. The fact that the contract could be terminated for any reason upon 30 days written notice does not mean that it could not be terminated for other reasons which do not require 30 days written notice.   For example, if you had materially breached the agreement in some respect, there is nothing in this clause which would require the other side to give you 30 days written notice in order to terminate.  That being said, if a judge or jury holds that there was no other ground for termination, you should be entitled to 30 days notice, and to recover any damages you suffered due to the failure to give you such notice.  I view the email versus snail mail to be immaterial (particularly if you customarily dealt in emails), but some Court might view it differently and give you a few more days damages due to the failure to follow the procedure set forth in the contract.... Read More