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4.10F
Charges Document PDF
njcourts.gov
CHARGE 4.10F — Page 1 of 7 4.10 BILATERAL CONTRACTS F. CONTINGENT CONTRACT (Revised 11/00) 1. Condition Precedent NOTE TO JUDGE Very often it is difficult to determine whether a “contingency” is a true condition precedent or is a dependent performance …
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4.10G
Charges Document PDF
njcourts.gov
CHARGE 4.10G — Page 1 of 1 4.10 BILATERAL CONTRACTS G. CONTRACT TO BE MEMORIALIZED IN WRITING (Approved 5/98) The defendant contends that the parties negotiated to the point that the agreement would become final only if and when the parties signed a …
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4.10H
Charges Document PDF
njcourts.gov
CHARGE 4.10H — Page 1 of 5 4.10 BILATERAL CONTRACTS H. INTERPRETATION OF CONTRACT TERMS (Approved 5/98) 1. No Dispute over Meaning In this case, the plaintiff and the defendant agreed to various terms that are part of the contract. Under these terms, the …
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4.10I
Charges Document PDF
njcourts.gov
CHARGE 4.10I — Page 1 of 1 4.10 BILATERAL CONTRACTS I. MODIFICATION (Approved 5/98) The plaintiff claims that the original contract was later modified to [state modification]. The defendant denies this.1 The defendant contended that [state contention]. To …
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4.10J
Charges Document PDF
njcourts.gov
CHARGE 4.10J — Page 1 of 7 4.10 BILATERAL CONTRACTS J. IMPLIED TERMS — COVENANT OF GOOD FAITH AND FAIR DEALING (Approved 9/2009; Revised 12/2011)1 In addition to the express terms of a contract, the law provides that every contract contains an implied …
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4.10K
Charges Document PDF
njcourts.gov
CHARGE 4.10K — Page 1 of 2 4.10 BILATERAL CONTRACTS K. PROMISSORY ESTOPPEL (Approved 5/98) Plaintiff has alleged that the defendant promised [name what was promised] and that plaintiff reasonably relied on that promise. A promise which is made without any …
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4.10L
Charges Document PDF
njcourts.gov
CHARGE 4.10L — Page 1 of 4 4.10 BILATERAL CONTRACTS L. CLAIMS OF BREACH (Approved 5/98) One of the elements that the plaintiff must prove is defendant’s breach of contract. Failure to perform a contract in accordance with its terms constitutes a breach of …
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4.10M
Charges Document PDF
njcourts.gov
CHARGE 4.10M — Page 1 of 2 4.10 BILATERAL CONTRACTS M. ANTICIPATORY BREACH (Approved 5/98; Revised 7/10) 1. Definite and Clear Repudiation If the defendant clearly indicates through words or conduct before the time for performance has arrived, that the …
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4.10N
Charges Document PDF
njcourts.gov
CHARGE 4.10N — Page 1 of 46 4.10 BILATERAL CONTRACTS N. AFFIRMATIVE DEFENSES (Approved 11/99) 1. Legal Defenses a. Novation The defendant has claimed that a novation has occurred, which means that a new and different contract has been substituted for the …
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4.11
Charges Document PDF
njcourts.gov
CHARGE 4.11 — Page 1 of 2 4.11 Quantum Meruit (Approved June 2017) In some circumstances, equity will permit recovery in the absence of an expressed contract or a contract implied-in-fact. Even when the words and actions of the parties are not enough to …
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4.20
Charges Document PDF
njcourts.gov
CHARGE 4.20 — Page 1 of 1 4.20 TIME OF PERFORMANCE WHERE CONTRACT IS SILENT (Approved 6/71) When a contract is silent as to the time within which a promise is to be performed, the law will require it to be performed within a “reasonable time.” What is a …
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4.21
Charges Document PDF
njcourts.gov
Charge 4.21 — Page 1 of 3 4.21 BREACH OF EXPRESS WARRANTY ON SALE OF GOODS (Approved before 1984) Plaintiff-buyer claims breach of an express warranty contending that [the goods] did not conform to an affirmation of fact [or promise] made by the …
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4.22A
Charges Document PDF
njcourts.gov
CHARGE 4.22A — Page 1 of 3 4.22A BREACH OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE UNDER U.C.C. (Approved before 1984) Where at the time of contracting a seller has reason to know that the buyer requires the goods for a particular purpose and …
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4.22B
Charges Document PDF
njcourts.gov
CHARGE 4.22B― Page 1 of 3 4.22B BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY UNDER U.C.C. (Approved 06/2018) Every contract with a merchant for the sale of goods contains an implied warranty that the goods are fit for ordinary purposes for which the …
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4.23
Charges Document PDF
njcourts.gov
CHARGE 4.23 — Page 1 of 2 4.23 DURESS (Approved 6/79) A contract obtained by duress can be set aside at the option of the person against whom the duress was directed. A contract is deemed obtained by duress if the person against whom the charge of duress …
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4.24
Charges Document PDF
njcourts.gov
CHARGE 4.24 — Page 1 of 1 4.24 THIRD PARTY BENEFICIARY (Approved 6/79) Ordinarily a person may not bring an action on a contract unless the person is a party to the contract. Persons may enter into a contract for the benefit of others; however, a person …
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4.30A
Charges Document PDF
njcourts.gov
CHARGE 4.30A — Page 1 of 2 4.30A BUILDING CONTRACTS — SUBSTANTIAL PERFORMANCE OF BUILDER (Approved 6/71) A builder who has fully performed a contract in all its details is entitled to recover the entire contract price. Where a builder has substantially …
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4.30B
Charges Document PDF
njcourts.gov
CHARGE 4.30B — Page 1 of 3 4.30B BUILDING CONTRACTS — EXTRAS (Approved 5/98) A. Where the Contract is Silent as to the Changes or Extras Where “extras” are claimed by the builder the first issue to be resolved is whether the items claimed as extras were …
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4.30C
Charges Document PDF
njcourts.gov
CHARGE 4.30C — Page 1 of 1 4.30C BUILDER FAILS TO PROVE SUBSTANTIAL PERFORMANCE AND SUES IN QUASI-CONTRACT (Approved 5/98) Even if the builder in a construction contract fails to prove substantial performance, (even if his/her default under the contract …
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4.40
Charges Document PDF
njcourts.gov
CHARGE 4.40 — Page 1 of 2 4.40 REAL ESTATE BROKERS COMMISSION — STATUTE OF FRAUDS (N.J.S.A. 25:1-9) (Approved 6/79) The law of this State requires that if an agreement between a broker and the owner of real property is to be enforceable, it must be in …