Scarinci Hollenbeck, LLC
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Author: Scarinci Hollenbeck, LLC
Date: April 13, 2020
The Firm
201-896-4100 info@sh-law.comYou don’t always need a binding contract to win a business lawsuit. In some cases, New Jersey courts will impose liability even though some of the essential elements of a contract are missing. These equitable remedies are based on “fairness,” and they are intended to redress the wrong suffered from the breaching party’s actions when traditional legal remedies are not available.
To start, it is always advisable to have a written contract that details the contract rights and remedies that are available if one party fails to perform. Under New Jersey contract law, the following elements are required to form a binding contract:
Of course, we don’t live in a perfect world, and business deals sometimes fall short of satisfying the above requirements. The good news is that you can often still file a New Jersey lawsuit to enforce the contract.
For instance, a contract may still be enforced even if there are missing terms. If essential terms are either agreed upon or may be inferred from conduct or context, a court can still enforce a contract even if there are missing non-essential terms In such cases, the court will often imply a term when the parties fail to do so. Additionally, the court may imply a term if it’s necessary to give a contract a reasonable construction. For instance, if a contract does not state its duration, the court may imply that the contract is to be performed or continue for a reasonable time, which may be determined based on the type of contract that it is, the past dealings of the parties, etc.
New Jersey also recognizes several equitable remedies that can be used to enforce an otherwise unenforceable contract. Below are the most common examples:
In order to convince a New Jersey court to order one of the above equitable remedies, you will need to provide evidence. In order to convince a New Jersey court to order one of the above equitable remedies, you will need to provide evidence. So, when there is no written contract, you will need documentation to back up your claims, such as email correspondence, written documents, invoices, or witness testimony.
If you have any questions or if you would like to discuss the matter further, please contact me, Peter Yarem, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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