Contract Disputes And Property Disputes In New Jersey

A sizable number of cases under the civil law category belong to contract disputes and properties lawsuits in New Jersey. Such disputes may occur between individuals or between an individual and an organization or between two organizations. There are laws within the New Jersey Civil Code that guide the legal interaction with cases lodged with the relevant courts of jurisdiction.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state or local agency, such platforms may make searching simpler, as they are not limited by geographic location. Third-party sites may also feature search tools that may ease the process of finding specific or multiple records. To conduct searches via a third-party or government website, interested parties may need to provide some or all of the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Therefore, the accuracy, availability, or record results cannot be guaranteed.

What Are Contract Disputes In New Jersey?

When two parties or more come together based on a series of terms and conditions and do so formally, a contract is said to have occurred. Whenever there is a difference of opinion or a violation of the terms and conditions in a way that puts the implementation of the contract at risk, a contract dispute occurs. Generally, standard contracts in New Jersey have the following features:

• Lawful purpose: the reason for the contract must align with what is lawfully acceptable by the state.
• Mutual of consent: Here, there must be a proposal by one party and acceptance by the other party.
• Consideration: each party must have to contribute some value, either in cash or kind, to gain from the contract
• Competency assessment: all involved parties or representatives must be fit and proper to qualify as a party to the contract. Mentally incapacitated persons, or instances where a party cannot provide the agreed obligation, renders the contract invalid.
• Unforced consent: Each party must exercise their will in deciding to enter an agreement. Contracts brokered under duress, or as a manipulative tool do not pass for a contract in New Jersey.

What Are The Most Common Contract Disputes In New Jersey?

Just about anything that implies a contract disagreement in New Jersey will come under this category:

• Shareholder and partnership differences
• Claims of tortious interference
• Employment disputes
• Dissenting opinions in intellectual property rights
• Conflicts over commercial liens or leases
• Contract breaches
• Differing interpretations of insurance policies

What Is New Jersey Contract Law?

Title 12 (Commerce and Navigation) of the New Jersey Revised statutes provides interpretation to commercial interactions between entities in the state. These regulations are found in a Local Public Contracts Law. The courts in the state handle contract disputes suits based on the guidelines of the law. Superior Courts have general jurisdiction over all civil cases, part of which are contract disputes. Surrogate Courts have jurisdiction over probate matters and the appointment of administrators for estates. If the case involves tax- related matters, the Tax Court may get referrals for the case.

What Is A Breach Of Contract In New Jersey?

When a party defaults in keeping the agreement in a contract without a legal excuse, it may be considered a breach of contract. The following are the breach of contract in New Jersey:

• Material: material breaches usually affect the core of the agreement in a way that there is an inevitable termination
• Immaterial: are not as serious and usually lead to minor compensations to the aggrieved party.
• Anticipatory: the defaulting party foresees that the agreement may not work, and both sides consent to ending the contract.
• Fundamental: it is as severe as material breaches. The slight difference is that the wronged party may end the contract and seek damages from the breaching side.

Remedies For A Breach Of Contract In New Jersey

The fundamental remedy for contract breaches in New Jersey is financial compensation, also called damages. Below are four types of damages that the state’s courts employ in remedying breaches:

• Expectation damages: an expected benefit from the contract if it had not failed.
• Restitution damages: represent the payment for economic losses suffered by the non-breaching party.
• Liquidated damages: This is the agreed sum of money that each party consents to receive in the event of a termination. Here, neither party loses in the long run.
• Reliance damages: an example of this type of damages is if the non-breaching party has already made expenses in view of implementing the contract. Should a breach occur, the expenses can be costed and reimbursed to the non- breaching party.

What Defenses Can Be Used Against A Breach Of Contract Claim In New Jersey?

Defects in the setup of a contract may  undermine its validity. Such defects may become points of defense against a lawsuit. Among them are:

• Failure of the claim to meet up with the statute of limitations requirement under the Uniform Commercial Code
• Incapability of either party to enter an agreement
• Bilateral errors
• Absence of integrity of the object of the contract
• Evidence of the violation of freewill in setting up the contract

What Are Property Disputes In New Jersey?

Conflicts arising regarding land or real estate are generally referred to as property disputes. Such conflicts may show up as disagreement over the title deed, manner of use of property, or violation of boundaries. There are state laws that form the basis for property disputes’ resolution.

What are Some Common Types of Property Disputes in New Jersey?

• Most conflicts pertaining to landed property revolve around:
• Boundary line matters
• Determination of property ownership
• Landlord - tenant disputes
• Wills, conservatorships, estate administration,etc.

How To Find Property Lines

There are certified land assessors that work hand-in-hand with the government in the allocation and land parcels in New Jersey. Anyone of them should be able to provide information and expect services upon request. The New Jersey Geographic Information Network also allows subscribers to view their land boundaries on a parcel map. In addition, some non-government websites maintain property records that may provide  information about property boundaries and landmarks. Information from these websites may not be a recent update.

How To Find A Property Dispute Lawyer Near Me?

Search engines provide a convenient method for finding law firms domiciled in New Jersey. Most of them are accessible through their contact addresses available on their site. Also, there are several online law directories that provide the names of attorneys, their area of expertise, and their contact details. The New Jersey Bar Association may recommend persons who offer lower payment or Pro Bono services.