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Writer's picturePeter Lamont, Esq.

Challenges of Proving Breach of Contract in a New Jersey Jury Trial

Challenges of Proving Breach of Contract in a New Jersey Jury Trial

breach of contract

Proving a breach of contract in a New Jersey jury trial can be a complex process that requires careful preparation and a strategic approach. Unlike other legal disputes that may involve clear-cut facts, contract cases often hinge on nuanced legal arguments and the presentation of evidence that can persuade a jury unfamiliar with the intricacies of contract law. Understanding the challenges and effectively navigating them can be crucial to a successful outcome.


Understanding Breach of Contract

A breach of contract occurs when one party fails to fulfill its obligations under the terms of a contract. In New Jersey, to succeed in a breach of contract claim, the plaintiff must prove several key elements: the existence of a valid contract, the plaintiff’s performance of their obligations, the defendant’s failure to perform, and resulting damages. These elements form the backbone of any breach of contract case and must be clearly demonstrated to the jury. (For more information on breach of contract, click on Understanding Breach of Contract in New Jersey.)


Jury Instructions in New Jersey Contract Cases

Jury instructions play a critical role in breach of contract cases in New Jersey. These instructions help the jury understand the legal standards they must apply when evaluating the evidence. The New Jersey Model Civil Jury Charges provide standardized instructions that judges use to guide jurors in contract cases. For example, Model Civil Jury Charge 4.10 explains the elements of a breach of contract and outlines what the plaintiff must prove to succeed. The jury is instructed that the plaintiff must establish that the contract was valid and binding, that the plaintiff performed their own obligations, that the defendant breached the contract, and that the plaintiff suffered damages as a result.


The challenge for attorneys lies in ensuring that the jury comprehends these instructions, which are often laden with legal jargon. It is crucial for lawyers to simplify these concepts during trial and make them accessible to jurors, who may not have any legal background.


Presenting Evidence in Breach of Contract Cases

One of the primary challenges in proving a breach of contract is the presentation of evidence. Contracts, especially in business settings, often contain detailed and technical language that can be difficult for a jury to understand. Lawyers must distill this information into clear, compelling narratives that highlight the breach without overwhelming the jury.


Documentary evidence, such as the contract itself, correspondence between the parties, and records of performance or non-performance, are typically central to these cases. However, simply presenting documents is not enough. Attorneys must weave these pieces of evidence into a story that illustrates the breach in a way that resonates with jurors. For example, using visual aids, timelines, or demonstrative exhibits can help break down complex information into digestible segments.


The Role of Witnesses and Expert Testimony

Witness testimony is another critical component of breach of contract cases. Witnesses, including the parties to the contract, can provide insight into the intent of the agreement, the obligations of each party, and the circumstances surrounding the alleged breach. In many cases, expert witnesses may be called to provide opinions on industry standards, contractual terms, or the extent of damages.


In New Jersey, expert testimony must meet the standards set forth by the court, including the requirement that the testimony be based on reliable principles and methods (N.J.R.E. 702). The expert must be able to explain their findings in a way that jurors can easily understand. Cross-examination of these witnesses can also be crucial, as it allows the opposing party to challenge the credibility and conclusions of the expert.


Proving Damages

Proving damages in a breach of contract case is another significant challenge. Even if a breach is clearly established, the plaintiff must demonstrate that they suffered actual harm as a result. This typically involves proving lost profits, additional costs incurred, or other financial impacts directly tied to the breach. New Jersey law requires that damages be proven with a reasonable degree of certainty and not based on speculation or conjecture.


For example, if a business owner claims lost profits due to a breach, they must provide detailed financial records, projections, and expert analysis to support their claim. Merely asserting that losses occurred is insufficient; the evidence must clearly link the breach to the financial impact suffered.


Jury Perception and Common Challenges

Juries are made up of individuals who bring their own biases, experiences, and levels of understanding to the courtroom. In breach of contract cases, one common challenge is that jurors may not see the case as particularly compelling compared to more dramatic legal disputes. The dry nature of contractual language and the often complex financial calculations involved in damages can make it difficult to keep a jury engaged.


Attorneys must work to humanize the case, connecting the facts to real-world impacts and emphasizing fairness and accountability. By framing the case in a way that highlights the injustice of the breach, lawyers can appeal to the jurors’ sense of right and wrong, making the breach of contract feel more relatable and significant.


Conclusion

Proving a breach of contract in a New Jersey jury trial requires a strategic approach that addresses the complexities of the law and the challenges of presenting evidence to a lay audience. From carefully crafted jury instructions to persuasive presentation of evidence and expert testimony, every aspect of the trial must be designed to make the legal arguments accessible and compelling. Understanding these challenges and preparing accordingly can make all the difference in achieving a favorable outcome. For those facing breach of contract disputes, having experienced legal counsel who understands these dynamics is essential.


 

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For detailed insights and legal assistance on topics discussed in this post, including litigation, contact the Law Offices of Peter J. Lamont at our Bergen County Office. We're here to answer your questions and provide legal advice. Contact us at (201) 904-2211 or email us at  info@pjlesq.com.


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Litigation Attorney Peter Lamont

About Peter J. Lamont, Esq.

Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.


Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magainze and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.


As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals.

 

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