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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
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Civil Model Jury Charge 4.10 C. EXISTENCE OF

Civil Model Jury Charge4.10 C.EXISTENCE OF A LEGALLY ENFORCEABLE CONTRACTBILATERAL CONTRACTS

(Approved 5/98)

A contract is a legally enforceable agreement to do or not to do something.

Plaintiff claims that[party]and[party]entered into a contract to[explain terms alleged].The defendant claims[explain terms alleged].To establish that this contract existed, plaintiff must prove the following:

1.Meeting of the minds the parties reached an agreement to (do what is alleged).

2.Offer and acceptance one party communicated a willingness to enter into the agreement and the other party gave some outward indication that the agreement was accepted.

3.Consideration each party gave or promised something of value to the other.

4.Certainty the terms of the agreement were reasonably certain.

I will now explain these requirements in greater detail.

1.Meeting of the Minds:

For the parties to reach an agreement, they must have a meeting of the minds on the material terms.To have a meeting of the minds, both parties must understand what each is agreeing to do or not to do.The contract cannot be based upon the secret or hidden intention or understanding of one party.

2.Offer and Acceptance:

An offer occurs when one party communicates to another a willingness to enter into a contract and does so under circumstances justify the other partys understanding that if the offer is accepted, an agreement would result.An offer must be reasonably clear, definite and certain in all its essential terms.

An acceptance occurs when a party shows intent to agree to an offer.The acceptance may be made by words or conduct.It must be made before the offer is withdrawn or lapses, and it must match the terms of the offer exactly.A proposal to accept an offer on any different terms is not an acceptance of the original offer.If any new or different terms are proposed in response to the offer, the response is not an acceptance but rather a counter-offer.A counter-offer is a new offer by the party making that proposal.The new offer must in turn be agreed to by the party who made the original offer for there to be an acceptance.

3.Consideration:

Consideration is something of value.Thus for there to be a sufficient exchange of consideration, something of value must be bargained for.Consideration can be a benefit to one party or loss of a benefit to the other party.Its actual value in money terms is not important.But each party must have given or promised something of value to the other party.Where the contract provides for an exchange of promises, each promise is consideration for the other promise.

4.Certainty:

To satisfy the certainty requirement, the plaintiff must demonstrate that the terms were sufficiently clear so that what each party was to do or not to do could be determined with reasonable certainty.[1]In other words, the parties must be able to determine what it is that the contract requires them to do or not to do and to determine later whether those obligations have been satisfied.


[1]Weichert Co. Realtors v. Ryan,128N.J.427, 435 (1992) (a contract arises from proper acceptance, and must be sufficiently definite that the performance to be rendered by each party can be ascertained with reasonable certainty.);West Caldwell v. Caldwell, 26N.J.9, 24-25 (1958);Friedman v. Tappan Development Corp., 22N.J.523, 531 (1956);Leitner v. Braen, 51N.J. Super.31, 38-39 (App. Div. 1958).

   
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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means: YOU DONT OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

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