Blog
Frustration of Purpose Valid Defense in NJ Contract Action
By: Betsy G. Ramos, Esq. The Doctrine of Frustration of Purpose is a valid defense in a breach of contract action. However, in JB Pool Management, LLC v. Four Seasons at Smithville Homeowners Assoc., 2013 N.J. Super. LEXIS 88 (June 13, 2013 App. Div.), the Appellate Division held that this defense must be pled as […]
Condo Association No Liability for Fall on Interior Sidewalk
With all the ice and snow this winter, condominium associations (and their insurers) that maintain interior sidewalks in their community will be breathing a sigh of relief that they have no liability for an injury from a fall on an icy patch on an interior sidewalk. In the unpublished Appellate Division decision, Qian v. Toll […]
No Duty Owed by Private Utility to Remove Dead Tree
No Duty Owed by Private Utility Company to Remove Dead Tree in Right of Way to Prevent Accident The Plaintiffs in McGlynn v. State of New Jersey, no. L-2-06 (App. Div. Jan. 3, 2014) claimed that Jersey Central Power and Light Company (“JCP&L”) owed a duty of care to remove vegetation in its right of […]
No NJ Jurisdiction Found for Illinois Employee
Illinois Based Employee of Computer Consulting Software Company Cannot be Sued in New Jersey Due to Lack of Jurisdiction Baanyan Software Services tried to sue its Illinois based employee in New Jersey for breach of contract. In Baanyan Software Services v. Kuncha, no. A-2058-12T3 (Dec. 19, 2013 App. Div.), the Appellate Division found that New […]
Betsy G. Ramos
redbanknaacp
Stephen Gilbert
Tom Begley
Connect With Capehart Scatchard