Blog: Business Contracts
- Tortious Interference with a Business Contract
Apr 7, 2022
Your Rights When a Competitor Wrongfully Interferes with Your Business Agreement Suppose that you work really hard to get a contract with a new customer. That customer has other agreements for different products with another vendor. That other vendor threatens to stop providing any goods to your new customer unless the agreement with you is terminated. What can you do? Tortious Interference with a Business Contract You may have a claim against the other vendor...Read More - How Does the Uniform Commercial Code Apply to the Law of Contracts?
Mar 16, 2022
When Does the UCC Apply? | What Types of Issues Does the UCC Regulate? As long as humans have engaged in commerce, contracts have existed, in some form or other. For centuries, the rules governing contracts were handed down by judges, compiled in written opinions known collectively as the “common law.” Those laws often varied significantly from state-to-state, making interstate commerce somewhat challenging. In the late 19th century, legal professionals came together and drafted certain...Read More - Non-Compete Agreements in New Jersey
Jan 6, 2022
Are They Valid? What Are the Legal Standards for Enforceability? You’ve worked hard to build your business from scratch. You have key employees, who have been essential to the growth and success of your business, but you worry that they may take what they know and open shop across the street, unfairly competing with you after you’ve taught them all you know. Can you require that an employee sign an non-compete agreement in New Jersey...Read More - Is an Oral Contract Enforceable?
Nov 22, 2021
When Must a Contract Be in Writing to Be Valid? In business, there’s much that gets done verbally, either on the phone or in meetings. Can you enforce a contract that has never been put in writing? What are the circumstances, if any, where an agreement can be disregarded if it hasn’t been committed to a written document? The Statute of Frauds As a general rule, most oral agreements are every bit as enforceable as...Read More - When Can an Employment Contract Be Implied?
Nov 1, 2021
What Factors Will Cause Employment to No Longer Be “At Will”? In New Jersey, as in almost every state, employment is generally considered to be at will. That means that either the employee or the employer may end the relationship at any time and for any reason, as long as it is not in violation of the terms of a valid employment contract, in violation of the law, or contrary to public policy. There are,...Read More - When Is an Offer Not an Offer?
Sep 14, 2021
What Is Required Before an Offer Can Be Accepted? In the business world, it’s common for vendors, customers, manufacturers, and service providers to have ongoing conversations related to business transactions. Some of those conversations may be sufficient to create an offer that, upon acceptance, can form a binding contract. Others are not. What’s the difference? How can you know when you make an offer that can be enforced in a court of law? What Is...Read More - Different Ways to Breach a Contract
Jun 22, 2021
Remedies Can Vary Based on the Type of Breach If you’re in business, there’s a good chance you’re involved with contracts on a regular basis. There’s also a strong likelihood that you’ve had another party to a contract fail to honor the terms of the agreement. Although any such failure technically constitutes a breach of contract, there are different types of breach, and they can have different remedies and consequences. Material Breach With a material...Read More - The Requirements of a Valid Contract Offer
May 17, 2021
What Elements Must Be Present? When Is an Apparent Offer Not an Offer In an earlier blog, we looked at the requirements of a valid and enforceable contract, noting that the first thing that must be shown is the existence of a mutual agreement—an offer followed by an acceptance. In the business world, though, communications (both oral and written) regularly go back and forth. How can you know if a particular communication constitutes an offer...Read More - Are Oral Business Agreements Enforceable?
Mar 16, 2021
Can a Contract Be Voided Because It’s Not in Writing? In the business world, much is done conversationally. You may talk with vendors and suppliers on the phone, or stop by a customer’s place of business to discuss your products. What happens if you verbally agree to the sale or purchase of goods or services but the terms of that oral discussion are never put in writing? Can the agreement be enforced in a court...Read More - Is Your Business Contract Enforceable in Court?
Mar 5, 2021
The Requirements of a Valid Business Agreement When you own or operate a business, you enter agreements every day, with customers, vendors, suppliers, and others. You need to know that the contracts that govern your business dealings are enforceable in a court of law. Here are the basic requirements of a valid and enforceable agreement: Agreement—This may seem obvious, but the law requires at least two parties, and mandates both a binding offer and acceptance...Read More