Michael Aquino, M.D. v. Michael Edward Breede

Trenton, New Jersey civil litigation lawyer represented the Plaintiff who sued the Defendant on a breach of contract theory.



"New Jersey breach of contract law is governed by the New Jersey Uniform Commercial Code (UCC) and the common law of contracts.



To prove a breach of contract claim in New Jersey, the plaintiff must show the following four elements:



Existence of a valid contract: The plaintiff must show that there was a valid contract between the parties. A valid contract must have all of the following elements: offer, acceptance, consideration, and capacity.

Breach of contract: The plaintiff must show that the defendant breached the contract. A breach of contract occurs when the defendant fails to perform their obligations under the contract.

Damages: The plaintiff must show that they suffered damages as a result of the breach of contract.

Cause in fact: The plaintiff must show that the defendant's breach of contract was the cause of their damages.



Types of breach of contract claims



There are two main types of breach of contract claims: material breach and minor breach.



Material breach: A material breach is a breach of contract that goes to the heart of the contract and makes it impossible or impractical for the plaintiff to perform their obligations under the contract.

Minor breach: A minor breach is a breach of contract that does not go to the heart of the contract and does not make it impossible or impractical for the plaintiff to perform their obligations under the contract.



Damages



The plaintiff may be able to recover damages for both direct and indirect losses.



Direct losses: Direct losses are losses that are directly caused by the breach of contract. For example, if the defendant breaches a contract to deliver goods to the plaintiff, and the plaintiff is unable to sell the goods because they are late, the plaintiff's direct losses would include the lost profits from the sale of the goods.

Indirect losses: Indirect losses are losses that are not directly caused by the breach of contract, but that are still foreseeable. For example, if the defendant breaches a contract to deliver goods to the plaintiff, and the plaintiff is unable to manufacture their product because they do not have the necessary materials, the plaintiff's indirect losses could include the cost of hiring a new supplier and the lost profits from the delay in manufacturing the product.



Statute of limitations



The statute of limitations for filing a breach of contract claim in New Jersey is six years from the date of the breach.



If you believe that someone has breached a contract with you, you should contact an attorney to discuss your rights and options."



Google Bard

Settled for an undisclosed sum and dismissed with prejudice.