For a contract to be implemented in New Jersey, whether oral or written, certain elements must be proven. For example, the person who wants to enforce the contract must prove that one party has made an offer and the other party has accepted the offer. Reflection is also necessary, which is something valuable that each party abandons to conclude the contract. The parties must have been aware of the terms of the contract. The conditions must also be reasonably secure for a court to see the basis of the agreement. The court will determine the existence of the consideration even if both parties receive a little something. When an agreement takes place and both sides fully understand what the agreement entails, it is called the meeting of minds. In addition, a contract can only be enforceable if it is sufficiently secure. In other words, there must be a clean offer, acceptance of the offer and consideration. Without consideration, there can be no contract.
Many believe that if an agreement is not written or signed, it is free and free of any obligation to the other party. As in Harrington`s case, this is not always true. If there is a question as to whether the parties have actually reached an agreement or not, the court may order a “harrington hearing” in which the judge will decide whether the parties have in fact reached an agreement. If it is established that an agreement has been reached, the party attempting to depart from the agreement may be held liable for the other party`s legal fees. A contract can be explicit, tacit or a mixture of the two. An unspoken contract is an agreement based on the conduct of the parties or the circumstances surrounding their relationship. If one party delivers goods to another party and receives a regular consideration, it may be implied that there is a contract. The oral contract depends on things like good memories, moral character, etc. There is no evidence. Therein lies the danger of oral contracts.
What about cases where an oral agreement does not work? An unwritten agreement made because of the relationship or circumstances surrounding the parties involved is referred to as a tacit contract. A tacit contract may also exist without a concrete oral agreement. It is a contract that is presumed to be the result of the actions of the parties concerned. Therefore, a contract can be: written contracts are better, but unwritten or oral contracts are equally enforceable (unless the law otherwise requires the contract to be written). What is a contract and what makes it applicable? There are three elements on a contract: At Lyons Associates, PC we are here to help you in your divorce agreement, so that you are protected in the future. Our New Jersey divorce lawyers represent men and women across New Jersey who have unresolved family law issues, including a divorce agreement. We value personalized service and attention. For a private consultation, contact us by email or call our offices at 908-575-9777. The promise to pay another person`s debts, pre-marital agreements, real estate speech transfer agreements lasting more than one year are all circumstances that require a written contract.