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A liquidated damages provision may be enforceable depending on whether the set amount is a reasonable forecast of just compensation for the harm that is caused by the breach and whether that harm is incapable or very difficult of accurate estimate

Posted in *All Posts, Contracts, Damages, Liquidated damages

Damages claimed in a breach of contract action must be reasonable, certain and not speculative

Posted in *All Posts, Contracts, Damages

Economic loss may constitute either direct or consequential damages

Posted in *All Posts, Contracts, Damages, Torts

A promissory estoppel claim requires evidence that plaintiff took action in reliance on defendant’s promise, which caused plaintiff to suffer a definite and substantial detriment

Posted in *All Posts, Litigation, Promissory Estoppel

A court should give contractual terms their plain and ordinary meaning, unless the parties use specialized language peculiar to a particular trade, profession, or industry

Posted in *All Posts, Contracts

Good faith performance or enforcement of a contract emphasizes faithfulness to an agreed common purpose and consistency with the justified expectations of the other party; it excludes a variety of types of conduct characterized as involving ‘bad faith’ because they violate community standards of decency, fairness or reasonableness

Posted in *All Posts, Contracts, Covenant of good faith and fair dealing

he interpretation of a contract is a legal question for the court and may be decided on summary judgment unless there is uncertainty, ambiguity or the need for parol evidence in aid of interpretation

Posted in *All Posts, Contracts, Real Estate Leases

When filing a voluntary petition for chapter 7 bankruptcy, a debtor has a duty to file a schedule of assets and liabilities and a statement of his financial affairs

Posted in *All Posts, Bankruptcy

A psychological parent cannot be compelled under New Jersey Law to contribute child support

Posted in *All Posts, *Published case, Child-support, Psychological parent

The court rules mandate that the court apply the child support guidelines when contemplating child support, but may modify the child support calculus where good cause is shown

Posted in *All Posts, *Published case, Child-support

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www.KostroLaw.com
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