QUESTION
What happens when someone doesn't honor a letter that was written
Asked on Aug 21st, 2014 on Breach of Contract - New Jersey
More details to this question:
My dads ex girlfriend ( they've been apart for many years and she lives with another man ) is the recipient of his pension. Although we firmly believe it was an oversight on his part, we didn't feel the battle was worth it. She wrote us a letter stating she would split the monthly payments with us. Since then, has changed her mind, wrote another letter stating she needs to pay her bills
1 ANSWER
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.
Answered on Aug 21st, 2014 at 7:41 AM