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Failure to perform a contract in ance with its terms constitutes a breach of contract. It does not matter if the failure was purposeful or inadvertent.
Rule 608 - Evidence of a Witness' Character for Truthfulness or Untruthfulness (a) A witness' credibility may be attacked or supported by evidence in the form of opinion or reputation that relates to the witness' character for truthfulness or untruthfulness, provided that evidence of truthful character is admissible ...
Relevancy and its Limits. ?Relevant evidence? means evidence having a tendency in reason to prove or disprove any fact of consequence to the determination of the action.
Under New Jersey business law, a party seeking to recover under a claim of quantum meruit has the burden of proving: (1) One of the parties must have preformed services for the other in good faith; (2) the other party voluntarily accepted the services; (3) the first party reasonably expected payment for the services; ...
However, there are some exceptions. Courts will allow parol evidence in instances when fraud, duress, or mistake would invalidate a contract, when the parties need to clarify an ambiguous contract term, or when there is a completely separate, subsequent agreement, made after the written contract.
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 its own four walls.
In contract disputes, parol evidence is any agreement that is not contained within the written contract. Under the parol evidence rule, these agreements made outside of the contract are inadmissible in court unless there is evidence of fraud, duress, or a mutual mistake.
In New Jersey, the elements of a valid contract are: ? An offer (see Offer). An acceptance (see Acceptance). Consideration (see Consideration). Mutual assent and intent to be bound (see Mutual Assent and Intent to be Bound).