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 had a will which left this house to a person who was found to have stolen from her and this person was now in prison. It was because of …
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 charging your account until the investigation into the charge is complete. Fortunately, for those companies that are not so proactive, federal law provides certain protections for those who report these charges …
Capped Commissions
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Contract Attorney As a sales representative for a computer software company, Richard received an annual salary and sales commissions as determined by a compensation plan that was part of his contract. There was a specific formula for how commissions were to be calculated, but language in the plan gave the company broad authority to make a final decision about compensation and to change the plan at any time. For sales commissions, in particular, the employer reserved the right to review any transaction generating a commission beyond a salesman’s annual quota and to determine the “appropriate treatment” of it. When Richard scored an especially large sale, the company decided that …
A NURSING HOME ADMISSIONS AGREEMENT IS A CONTRACT
By Fredrick P. Niemann, Esq. a New Jersey Contract Lawyer “The interpretation of a contract is ordinarily a legal question for the court and may be decided on summary judgment unless ‘there is uncertainty, ambiguity or the need for parol evidence in aid of interpretation….’ “When interpreting a contract, a court must attempt to ascertain “the intention of the parties as revealed by the language used, the situation of the parties, the attendant circumstances, and the objects the parties were striving to attain.” Therefore, the court must determine whether a genuine issue of material fact exists regarding the parties’ intentions. A trial court compares the contract language to the controlling federal laws. In this case a New Jersey court found …
COMMON DEFENSES IN CONTRACT DISPUTES USED BY NJ CONTRACT LAWYER
By Fredrick P. Niemann, a New Jersey Contract lawyer Enforcing a contract is a common case handled by a NJ Contract Lawyer and most often than not, a good defense has to be provided by the defendant in order to excuse himself or a company from possible legal harm and damages. Below is a list of the most common defenses used by a New Jersey Lawyer to protect his client from conviction. Mistake This is a tricky strategy to use yet is a powerful resolution once it has been proven by a New Jersey Lawyer in court. It involves proving to the court that both parties committed a mistake in the signing and creation of the contract. Unless this is …
Determining the Value of Your Shares in a Corporation
By Fredrick P. Niemann, Esq., a NJ Shareholders Attorney When a minority shareholder feels as though their corporation is not operating in a manner that they are satisfied with, they often seek to be bought out. When the majority shareholder refuses to buy them out and operates the business in a manner that personally benefits themselves at the expense of the minority shareholders, this is a form of Minority Shareholder Oppression, a violation of New Jersey law. The NJ Supreme Court has said that when dealing with the Oppressed Minority Shareholder Statute, a 50% shareholder can be considered a “minority” shareholder, meaning they are entitled to bring a case to court alleging a violation of the statute. When a minority …
NJ Court Finds Automobile Order Form Not a Binding Contract To Deliver Vehicle
By Fredrick P. Niemann, Esq., a NJ Contracts Attorney As you are probably aware, contracts are legally binding documents. The parties that sign the agreement promise to abide by the terms contained within, otherwise they can be sued for breach of contract. Breach of contract claims are not as simple as they sound, however. Complex issues often arise, including whether or not certain documents are considered a “contract” and what exactly is contracted for in the agreement, issues that arose in a recent NJ Court Case. The case involved an individual attempting to purchase a car from an automobile dealership. In a signed document, the dealer agreed to place an order for the vehicle, which it did, but the plaintiff …
NJ COURT BARRED FROM ORDERING HUSBAND TO GRANT JEWISH RITUAL DIVORCE
By Fredrick P. Niemann, Esq. a NJ Contracts Attorney In the Jewish religion, as some are probably aware, in order for a woman to remarry within the faith she must be granted a ““get”” by her former husband. The “get” is purely up to the consent of the husband. He has the right to give the ex-wife the “get” if he so chooses, but cannot be compelled to do so by anyone, including the NJ Courts. The NJ Appellate Court recently heard a case dealing with this situation. The Trial Court had ordered the defendant to grant his ex-wife the “get”, but the defendant appealed the decision, moving the case to the NJ Appellate Court. The Appellate Court reversed the …
NJ EMPLOYMENT CONTRACT DISPUTE LAWYER SIMPLIFIES EMPLOYMENT CONTRACT DISPUTES
By Fredrick P. Niemann, Esq. a New Jersey Employment Contract Lawyer An understanding and knowledge of contract law is an important duty of any NJ Employment Contract Dispute Lawyer. Nevertheless, it is still best if you equip yourself with the basic knowledge pertaining to NJ employment contract dispute because only in this manner can you safeguard yourself and your family’s future against possible irregularities done against you by your employer. Remember that the law excuses no one yet understanding of it can protect you from potential harm and damages in the future! Employment Contract Dispute Defined NJ employment contract dispute lawyer defines it as allegations filed by one against the other in reference to a possible breach in the oral …
New Jersey Employers and Employees Must Always Be Aware of the Language In Their Contracts
By Fredrick P. Niemann, Esq., a NJ Contracts Attorney A large number of employers and employees throughout New Jersey are having signed an employment contract. Unfortunately, employees often do not read the contracts before they sign them, seeing it as too complicated or simply because they are too lazy. What many of these employees do not realize is that the language of the contract will bind both them and their employer once both parties have signed it. This makes it crucial that one reads and understands their employment contract prior to signing it. An employee cannot claim a defense based on the fact that they did not read the contract despite the fact that they signed it. Your signature, unless …
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