michael s. simone, esq.
Are you worried about the terms of your contract?
Many people think complex contracts are reserved for the high-powered business world. While contracts play a big role in corporate and business law, they also exist frequently in the everyday lives of most individuals.
The problem is that contracts are inherently complicated and have legal language that the average person may not understand so easily.
If you’re not 100% sure about what to put in a contract or whether the terms of a contract in front of you are acceptable, a Cinnaminson contracts lawyer can put your mind at ease. Business law firms like The Simone Law Firm provide proven legal services to help you avoid common mistakes and potential legal issues. Contact us today for a free consultation or stop by our law offices in Cinnaminson.
In its basic form, a contract is a voluntary legal promise between two parties. The agreement between the two parties can be concerning a variety of things. Maybe one party agrees to provide a product or service to the other party. Perhaps the contract prevents one party from doing something.
Contracts are used in a variety of common situations:
|Real estate transactions —–>||Mortgage contracts|
|Hiring a contractor —–>||Contractor agreements|
|Entering into a business agreement —–>||Business contracts|
|Renting an apartment or car —–>||Rental agreements|
|Financing a car —–>||Car sale agreements|
|Starting a new job —–>||Employment contracts|
|Planning for the future —–>||Estate planning documents|
|Getting compensated after a car accident —–>||Personal injury settlement agreements|
When drafting a contract or agreeing to terms in a contract, the most important thing to consider is how the language will be viewed during litigation. While it’s true that most contract agreements do not wind up in court, you never know what may happen in the future when it comes to the contract’s terms and life circumstances that will impact them.
It doesn’t matter if the contract in question is being reviewed in Small Claims Court, Family Court, or United States District Court—it’s subject to New Jersey Law if a breach of contract is to be addressed in court.
That’s why contract law in New Jersey requires that every contract have certain elements for the document to be valid and legally binding.
One party must make an offer to another party for a contract to be valid. Then, the party is presented with the offer and must accept the offer, which is typically accomplished with a signature.
For a contract to be enforced in New Jersey, there must be something of value promised by each party, which is known as “consideration.” For example, in a car sale agreement, Party A promises to pay $1,000 to Party B. Party B promises to provide a vehicle to Party A. Both parties are contributing something of value to the agreement.
This element of a contract is often called a “meeting of the minds.” Contracts need to make known the intentions of both parties involved and detail the understanding between the two parties. If either party misunderstands the contract’s terms in any way, legal issues may arise.
The final element of a contract is known as “certainty,” which refers to the requirement that contract terms be clear and precise. Vague terms are an issue in contract law; if they aren’t definite and certain, they may not be legally binding.
Due to the complex nature of contractual agreements, it’s essential to employ the services of an expert. Contract attorneys use their expertise to guide clients through the entire contract process.
An experienced attorney can help:
An experienced attorney will help to ensure that the terms of a contract are acceptable to you and that you receive compensation for any loss sustained in a breach of contract.
Whether you need to draw up a new contract, have the terms of an existing contract reviewed, get out of a signed contract, or enforce terms, you need the expert knowledge of a trusted New Jersey law firm. An experienced contracts lawyer at The Simone Law Firm in Cinnaminson, NJ, will ensure you get the best possible outcome for your case.
It’s a common misconception that contracts must be in written form to hold up in court. However, oral contracts can be just as legally binding. It isn’t easy to prove that an oral contract took place in most situations, which is why most people prefer to agree to contracts in writing.
Another scenario where a non-written contract could hold up in court is if it’s an “implied-in-fact contract.” These agreements suggest that a person’s obligation is implied by their behavior or other circumstances surrounding the case. For example, if you purchase a new stove, it’s implied that it will fulfill its intended function – cooking your food. The implied-in-fact contract between you and the merchandise seller has been breached if it doesn’t.
A contracts lawyer will review a contract looking for confirmation that all of the legal elements of the document are present – especially ensuring that the contract terms are clear and lawful according to New Jersey Law.
A contract can always be changed, and agreements can be altered. Typically, contract modifications are done with an amendment letter outlining what changes are being made to the original contract. All parties that agreed to the original contract must also agree to the altered terms for the contract amendment to be legally binding.
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