N.J. Model Civil Jury Charge 4.10G

4.10 BILATERAL CONTRACTS

G. CONTRACT TO BE ME MORIALIZED IN WRITING

(Approved 5/98)

The defendant contends that the par ties negotiated to the point that the

agreement would become final only if and when the parties signed a formal

contract document.

The plaintiff contends that a final agreement was reached.

Therefore, the plaintiff has the burde n to prove that the parties intended

that their agreement would be final wit hout the signing of a formal contract

document.1

Parties may orally, by informal memorandum or by both agree upon all of

the essential terms of the contract and effectively bind themselves to that

contract if that is their intention. Th is is so even though they may contemplate

the execution of a later formal document to memorialize their undertaking. The

ultimate question is what did the parties in tend. It is the plaintiff’s burden to

prove that the parties reached a final agreement.

1Comerata v. Chaumont, Inc., 52 N.J. Super. 299, 305 (App. Div. 1958). See also

Morales v. Santiago, 217 N.J. Super. 496, 502 (App. Div. 1987); Berg Agency v. Sleep World-

Willingboro, Inc., 136 N.J Super. 369, 373-374 (App. Div. 1975); Lahue v. Pio Costa, 263

N.J. Super. 575, 595-596 (App. Div. 1993); Bistricer v. Bistricer, 231 N.J. Super. 143, 148-

149 (Ch. Div. 1989).