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  • Recovering Damages After a New Jersey Car Accident

    Jul 8, 2021

    Determining All the Potentially Responsible Parties When you’re hurt in a car, truck, or motorcycle accident in New Jersey, one of the first things to determine is who caused the accident. Of course, you’ll look at the at-fault driver, but there may be other potentially responsible parties as well. Here are some of the common defendants in motor vehicle accident claims. The Defendant’s Employer You typically cannot recover damages from an employer for accidents caused...
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  • 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...
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  • Choosing the Best Legal Structure for Your Business

    Jun 15, 2021

    Factors to Consider When Setting Up a New Enterprise One of the important considerations when starting a new business venture is the selection of legal form. Should you set up as a sole proprietorship, partnership, corporation, or limited liability company (LLC)? Here are some factors that should inform your decision. How Do You Envision Ownership and Management of the Business? Are you planning to run the enterprise yourself or with a few selected associates? If...
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  • 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...
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  • Are Oral Contracts Valid and Enforceable?

    May 10, 2021

    Does a Legal Agreement Need to Be in Writing? In an earlier blog, we discussed the basic requirements of a valid and enforceable contract: There must be an offer and an acceptance, known legally as an agreement. There must be consideration, which means all parties must give something of value in the bargain. The contract must be for a legal purpose. You cannot enter a contract to commit an illegal act. Each party must have...
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  • Choosing the Right Legal Structure for Your Business

    Apr 13, 2021

    Factors to Consider | Your Options It takes courage and confidence to open your own business and take personal responsibility for your success or failure. Choosing the appropriate legal structure can provide you with a significant amount of protection and minimize your tax burden. Different entity types also involve different levels of reporting and compliance. When evaluating your options, here are the factors to consider, as well as the attributes of the different business forms:...
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  • What Are the Fundamental Requirements to Create a Contract?

    Apr 7, 2021

    What Constitutes a Valid Offer to Enter into a Contract? There’s a common misperception that, in order to be binding, a contract must be in writing. In fact, many types of oral agreements are fully enforceable in a court of law, but that’s a topic for another blog. However, if an oral contract can be binding, how can you know if you make an enforceable promise during a conversation? Minimal Requirements for Creating a Contractual...
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  • 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...
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