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Articles Posted in Business Law

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New Jersey Contract Law Provides Remedies to Third-Party Beneficiaries

Very often, a person or business will want to confer a benefit on a third party but will not be able to do so itself, for a variety of reasons.  So then, to make sure the benefit will be conferred, it will enter into a contract with a person or…

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New Court Rules Streamline New Jersey Business Litigation

New Jersey’s Supreme Court adopted new rules which became effective September 1, 2018. These rules amend New Jersey’s Rules of Court to make the litigation of complex business law matters more efficient. This article discusses some of the major changes the new rules have brought about. Background In 2000, the…

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Key Documents and Considerations when Purchasing a Franchise in New Jersey

Before you enter into an agreement to purchase a franchise, it is vital to review and understand the documents you are being required to sign. You will be required to execute the following documents: 1) The Franchise Disclosure Document, previously known as the Uniform Franchise Offering Circular, provides information regarding…

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Protecting Business Information Under the New Jersey Trade Secrets Act and With Confidentiality/Non-Disclosure Agreements

Businesses entering into negotiations with other businesses or persons often need to give the other party confidential information.  For example, a business will need to give a potential buyer information regarding its revenue, expenses, customers, formulas, payroll, vendors, and pricing so that the potential buyer can formulate an offer during…

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The Extent of State University’s Immunity from Local Governance

Montclair State University has spent the last decade or so trying to obtain approval from the County of Passaic and the City of Clifton to construct a roadway which would intersect with a county road. Both the County and the City raised concerns about the proposed development and Montclair State…

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Sports Gambling in New Jersey

New Jersey has been trying to legalize sports betting for years. One of the primary hurdles for that legalization has been the federal Professional and Amateur Sports Protection Act (PASPA).  That law, enacted by Congress in 1992, make it unlawful for a government entity to authorize, operate, etc., gambling on…

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The Use of Custom and Usage in Interpreting Commercial Contracts Under New Jersey Business Law

Enforceable contracts are the bedrock of a strong economy. If contracts were not enforced, parties could not rely on the other side performing because there would be no remedy if they breached. Therefore, commerce would break down. Enforceable contracts are so important to the economy, in fact, that the freedom…

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Construction Lien Law: Timing is Key

  McLaughlin & Nardi’s New Jersey construction attorneys represent owners, contractors and building suppliers in the prosecution and defense of construction lien claims. As discussed in McLaughlin & Nardi’s overview of construction liens, they can be powerful tools for construction contractors, subcontractors, and suppliers who are experiencing difficulties in getting…

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The Reach and Limits of the Parole Evidence Rule in New Jersey Contract Law

New Jersey Courts have followed the Parole Evidence Rule since at least 1882.  The Parole Evidence Rule holds that outside (or “extrinsic”) evidence is not allowed to alter the terms of a contract – in other words, the Parole Evidence holds that, the meaning of a contract is contained within…

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New Jersey Contract Law Issues: The Economic Loss Doctrine, Fraud in the Breach Versus Fraud in the Inducement, and the Duty of Good Faith and Fair Dealing

Our attorneys represent people and businesses in all aspects of contract law, including contract negotiations, drafting, review and contract litigation.  One of the more complex areas of contract law if the interplay of contract and tort law when fraud and contracts intersect.  While this issue is complex, there are several…

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