Legal Question in Business Law in New Jersey

Contract breech

I agreed to teach in a 5 week long academic program at a private school in New Jersey. I signed a document that listed some of the details (pay $4000 and length 5weeks). It stated my intent to participate but overall the document was very general. Due to several extenuating personal circumstances I am not going to to able to honor the commitment. Yesterday I informed the program director of this via e mail and he is not pleased,

saying that I signed a legal contract. Part of my problem is that he became very inflexible regarding the terms -- housing, weekends, etc. Essentially I'd just like to know if this can be considered a breech of contract and can they/will they sue me for $4000?


Asked on 5/16/06, 6:27 pm

3 Answers from Attorneys
Daniel Pepper Pepper Law Group, LLC

Re: Contract breech

Did they already pay you the full amount for the 5 weeks (i.e. $20,000)? I would need to review the specific terms of the contract to determine what other rights or options you might have.

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Answered on 5/16/06, 7:24 pm
David Anderson Anderson Business Law LLC

Re: Contract breech

Need to review to advise you. Call or email for assistance.

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Answered on 5/16/06, 7:25 pm
John Corbett Corbett Law Firm LLC

Re: Contract breech

The specific language of the contract is important and I would need to see the contract before an answer can be given with high confidence. However, there are some things that can be said: First, even if you were totally in the wrong, the $4,000 is not the measure of contract damages. In contract, the non-breaching party is entitled (only) to be "made whole." So, the measure of damages would be the difference between the salary paid to a replacement instructor and the $4,000. For example, if the school had to pay $5,000 in order to find another instructor on short notice, their damages would be $1,000 and they could sue you for that plus any advance they may have given you. Second, you may not be in breach of the contract depending, among other things, on whether the contract was a "full integration" of your arrangement.

If they did give you an advance, they are likely to want it back. Otherwise, they may not pursue any action against you because it would likely cost them more than it is worth.

If you need something more definitive than that, my contact information is below.

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Answered on 5/17/06, 1:14 am


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