Category: *All Posts

Preliminary injunction

Posted in *All Posts, *Federal Court, Breach of Contract, Contracts, Damages, Injunctive relief, Litigation

A contract will not be construed to indemnify the indemnitee against losses resulting from its own negligence unless such an intention is expressed in unequivocal terms

Posted in *All Posts, Contracts, Exculpatory Clause

Because an exculpatory clause operates to relinquish one party from a legal right, while relieving the other party of owing a duty of reasonable care, an exculpatory release agreement must, on its face, reflect the unequivocal expression of the party giving up his or her legal rights that this decision was made voluntarily, intelligently and with the full knowledge of its legal consequences

Posted in *All Posts, Contracts, Exculpatory Clause

Generally, it is improper to grant summary judgment when a party’s state of mind, intent, motive or credibility is in issue

Posted in *All Posts, Litigation, Summary Judgment

Waiver must be done voluntarily and there must be an affirmative act that accompanies the waiver to show such intent

Posted in *All Posts, Waiver

Claims against architects and others involved in the design and construction of building projects generally accrue upon substantial completion of the project

Posted in *All Posts, Litigation, Real-estate, Statute of Limitations

Common law fraud

Posted in *All Posts, Fraud

Equitable fraud

Posted in *All Posts, Fraud

Quantum meruit is a form of quasi-contractual recovery and rests on the equitable principle that a person shall not be allowed to enrich himself unjustly at the expense of another

Posted in *All Posts, Contracts, Quantum meruit, Unjust enrichment

The New Jersey Trade Secrets Act

Posted in *All Posts, Trade Secrets