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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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CHARGE 4.11 — Page 1 of 1 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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CHARGE 4.20 — Page 1 of 2 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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Charge 4.15 Charge 4.21 — Page 3 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 …
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Charge 4.16 CHARGE 4.22A — Page 3 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 …
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CHARGE 4.22B― Page 3 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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Charge 4.17 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 …
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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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CHARGE 4.30A — Page 2 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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Charge 4.13 CHARGE 4.30B — Page 2 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 …
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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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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 …
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Charge 4.21 Charge 4.41 — Page 4 of 10 4.41 BAILMENT (Approved 6/72) NOTE TO JUDGE Recovery in bailment depends on proof of failure to exercise the requisite degree of care which proximately results in loss or damage to the bailed articles. The degree of …
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Charge 4.23 CHARGE 4.43 — Page 16 of 16 4.43 CONSUMER FRAUD ACT (Approved 5/1998; Revised 01/2025) NOTE TO JUDGE Right to Trial by Jury under the Consumer Fraud Act, N.J.S.A . 56:8-1 et seq . (“the Act”): There appears to be no right to a jury trial in an …
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Charge 4.24 CHARGE 4.44 — Page 4 of 7 4.44 DEFICIENCY — SALE OF COLLATERAL AS COMMERCIALLY REASONABLE 1 (Approved 2/92) There are times when a person may borrow money to be able to buy (or lease) something, such as a motor vehicle. In turn, the person …
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Charge 4.24 CHARGE 4.45 — Page 8 of 8 4.45 MOTOR VEHICLE LEMON LAW (Approved 05/2003; Revised 11/2023) The purpose of the so-called New Jersey “Lemon Law” is to protect buyers or lessees when they buy or lease a motor vehicle and the manufacturer cannot …
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CHARGE 5.10A ― Page 2 of 2 5.10A NEGLIGENCE AND ORDINARY CARE – GENERAL (Approved before 1984; Revised 10/2022) 1. Negligence may be defined as a failure to exercise, in the given circumstances, that degree of care for the safety of others which a person …
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CHARGE 5.10B ― Page 1 of 1 5.10B FORESEEABILITY (AS AFFECTING NEGLIGENCE) (Approved before 1984; Revised 10/2022) In determining whether reasonable care has been exercised, you will consider whether the defendant ought to have foreseen, under the …
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CHARGE 5.10C - Page 2 of 2 5.10C UNDERTAKING VOLUNTARILY ASSUMED (Approved before 1984, Revised 09/2021) (1) One who in the absence of a legal obligation to do so voluntarily undertakes to render a service for the protection of the safety of another may …
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Charge 5.10D CHARGE 5.10D ― Page 1 of 1 5.10D RES IPSA LOQUITUR (Approved 10/90) In any case in which there is a claim that the defendant was negligent, it must be proven to you that the defendant breached a duty of reasonable care which was a proximate …