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When a Person Subject to a Guardianship Dies Are Contracts Signed by the Guardian VOID at Time of Death?

Posted by on May 7, 2018 in NJ Contract Attorney | Comments Off on When a Person Subject to a Guardianship Dies Are Contracts Signed by the Guardian VOID at Time of Death?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Contract Law Attorney A colleague represents the guardian of a 70 year old woman in northern NJ. This adult woman (called a “ward” in guardianship vocabulary), died suddenly. The guardian was under contract to sell the ward’s house with the closing scheduled a week away before her death and the buyer was already living in the house pursuant to an occupancy agreement. The real estate contract said nothing about it being binding on successors. The ward...

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Can a Penalty Clause in a Contract Be Enforced or Not

Posted by on Jan 29, 2018 in NJ Contract Attorney | Comments Off on Can a Penalty Clause in a Contract Be Enforced or Not

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Contract Attorney Many contracts contain language which provides that a breach will result in the offending party being assessed a stipulated amount of money, say $1,000, or, $5,000 etc. This provision is inserted instead of language which requires the non-breaching party to prove their actual economic loss. This contract clause is called a “liquidated damages clause”. Faced with a liquidated damage clause many parties will argue the contract’s liquidated damages...

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Settlement Agreements in Probate Estate Litigation and Elder Abuse Cases Will Generally Be Enforced When One Side Tries to Bail Out

Posted by on Jan 19, 2018 in NJ Contract Attorney | Comments Off on Settlement Agreements in Probate Estate Litigation and Elder Abuse Cases Will Generally Be Enforced When One Side Tries to Bail Out

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate Estate & Elder Abuse Attorney You just settled a vicious probate dispute or elder abuse case where the emotions ran high, the dollars involved meaningful, and everyone felt like justice failed them. Then something happens (or fails to happen) which one side feels was required under the terms of the settlement. Worse yet, one or more of the parties is experiencing buyer’s remorse. They no longer want to settle and want their day in court. The obvious...

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California Default Judgment Bars Litigation in New Jersey

Posted by on Jun 2, 2017 in NJ Contract Attorney | Comments Off on California Default Judgment Bars Litigation in New Jersey

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Appellate Court Attorney When it comes to deciding the merits of a case, default judgments are final adjudications (a default judgement means one party in a lawsuit failed to answer the complaint).  A court in one state does not generally have the power to void a judgement or attempt to re-litigate the same case decided in another state because it interferes with the jurisdiction of a specific state court.  This concept of not being able to re-litigate issues or...

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Can I Be Sued for a Verbal Contract?

Posted by on May 10, 2017 in NJ Contract Attorney | Comments Off on Can I Be Sued for a Verbal Contract?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Contract Attorney I recently read an article where a prospective customer called a website design company about their rates and services. The customer was asked his address and details about what he wanted them to do which was strange given there was nothing finalized. But, after a few days the company called saying the customer committed to their services and threatened to sue for violating a verbal contract. Oral agreements lack written proof. Everything is oral,...

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If there is a Spelling Mistake in a Contract, is it Still Legal?

Posted by on Apr 5, 2017 in NJ Contract Attorney | Comments Off on If there is a Spelling Mistake in a Contract, is it Still Legal?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Contract Law Attorney What if you or I had the word “contractor” spelled wrong in a real estate contract? Say I put “conractor” in the contract. So there is a “t” missing. (Did you even notice the typo?). Does the mistake render the contract unenforceable? Generally speaking, as long as the intent of the word is clear, the fact that it is merely misspelled will not invalidate the term(s) of the contract in which the misspelling is found. These types of mistakes are...

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A Nice Slap Down Against a Franchisor in California: A Judge Tells U-Haul to: “Haul” Your Non-Compete Clauses Out of Your Contracts

Posted by on Mar 31, 2017 in NJ Contract Attorney | Comments Off on A Nice Slap Down Against a Franchisor in California: A Judge Tells U-Haul to: “Haul” Your Non-Compete Clauses Out of Your Contracts

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Franchise Law Attorney A California appellate court recently upheld a permanent injunction in Robinson v. U-Haul Company of California barring U-Haul from enforcing its non-compete covenants in California. U-Haul also was required to pay over $800,000 in attorney’s fees to its former dealer. U-Haul sued one of its independent dealers for breach of contract and unfair competition after the dealer’s contract with U-Haul was terminated and the dealer began renting out...

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Make Sure Your Contracts Limit the Forum Where You’ll Have to Potentially Litigate

Posted by on Mar 29, 2017 in NJ Contract Attorney | Comments Off on Make Sure Your Contracts Limit the Forum Where You’ll Have to Potentially Litigate

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Contract & Business Law Attorney Obviously, when you are negotiating a deal, thinking about what happens if the contract falls apart is not as important as the established terms of the contract.  But a good businessman or woman knows that no matter how great an agreement is for one or both parties, something can always happen that leads to the breakdown of the business relationship between the parties, and the parties’ grievances end up in court.  To address...

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Is it Legal to Have Employees Sign a Contract that Says They Can’t Leave the Company until a Certain Date?

Posted by on Mar 20, 2017 in NJ Contract Attorney | Comments Off on Is it Legal to Have Employees Sign a Contract that Says They Can’t Leave the Company until a Certain Date?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business Contract Attorney Yes. It is acceptable to have an employment contract in the US that requires people to stay for a certain date. However, there are limitations. First, normally such contracts will have a certain time period, a certain salary, and certain benefits. Such contracts tend to spell out all sorts of things. Including how each party can end the agreement. An employee at our firm was told by her old company, they wanted to hire a person with a...

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Fighting Unauthorized Use of a Credit Card

Posted by on Feb 10, 2017 in NJ Contract Attorney | Comments Off on Fighting Unauthorized Use of a Credit Card

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business and Contract Law Attorney If you or a loved one has gotten charges on his or her credit card that you do not recognize, you are not alone.  Every day, many Americans look at their credit card statements and scratch their heads wondering when they made certain charges to their accounts.  Some credit card companies are proactively watching your account and flagging suspicious charges, asking whether or not you actually incurred those charges and restrain...

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