We Represents Individuals and Businesses in Breach of Contract Actions in New Jersey
What is breach of contract?
A contract is a legally enforceable agreement between two parties. Each party promises to either perform a duty, or make payment in exchange for performance of that duty. If one party fails to follow through with their contractual obligation, the other party is entitled to damages. Generally, both oral and written contracts are legally enforceable, however the terms of an oral contract may be more difficult to prove.
There is more than one way to breach a contract. A contract can be breached whenever one of the parties:
- Does not perform as promised
- Prevents the other party from performing their contractual duties, or
- Makes it clear that they do not intend to fulfill their contractual obligations
The experienced business lawyers at Shebell & Shebell have extensive experience in contracts law. They can analyze the most sophisticated contracts in order to determine whether a breach occurred and whether you are entitled to damages.
How to prove breach of contract in New Jersey
To establish a breach of contract claim, you must convince the court that:
- You and your adversary entered into a contract with certain specified terms
- You performed the contractual terms
- Your adversary failed to perform the terms of the contract
- The breach of contract caused you some type of loss (usually monetary)
Who can sue for breach of contract in New Jersey?
Anyone who has suffered loss due to a breached contract may file suit. Common examples of plaintiffs in such actions include corporations, small business owners and partners, employers, employees, contractors, real estate companies, apartment complexes, sellers and buyers of real estate, tenants and retail consumers. Robert A. Morely is experienced in handling a wide array of claims, including:
- Employment contracts
- Service contracts
- Real estate purchase and sales agreements
- Business contracts
- Construction contracts
- Commercial and residential real estate contracts
At Shebell & Shebell, we are equally experienced in representing plaintiffs and defendants in breach of contract actions. If there are affirmative defenses or mitigating factors, we are able to assist you in presenting your best possible case.
The most common remedy for a breached contract is money damages. This means that the breaching party must financially compensate the non-breaching party for losses and other expenses connected with the breach. The knowledgeable lawyers at Shebell & Shebell can maximize your damages award by seeking every remedy available under the law. Damage awards may include:
- Consequential damages: money damages that place the non-breaching party in the same position they would have been in if the contract were performed.
- Punitive damages: courts can force the breaching party to pay punitive damages as punishment for the breach.
- Liquidated damages: if the parties initially agreed to pay a specified sum in the event of a breach, this is referred to as liquidated damages clause and will generally determine your award.
- Nominal damages: this is a minimal amount paid to the non-breaching party if the breach did not result in a significant financial loss.
The lawyers at Shebell & Shebell can also assist clients with obtaining specific performance of certain contracts. Specific performance is where the court forces a party to perform their contractual duty, usually because money damages would not be adequate.
Robert A. Morely Has Built His Career Assisting Clients in Breach of Contract Lawsuits
Having the right attorney in a breach of contacts action is essential to a favorable outcome. At Shebell & Shebell, we ensure that no stone is left unturned in litigating your case. Our experience brings proven strategies for resolving contractual disputes. If you are in need of representation, call us at 866-957-5237 or contact us online today.