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3.30E
Charges Document PDF
njcourts.gov
CHARGE 3.30E — Page 1 of 3 3.30E FRAUD — DECEIT (Approved 2/92) Plaintiff seeks to recover damages which he/she claims he/she sustained as a result of a misrepresentation made to him/her by the defendant. One who represents as true that which is false …
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3.30F
Charges Document PDF
njcourts.gov
CHARGE 3.30F — Page 1 of 2 3.30F INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Approved 11/99) The plaintiff is (also) bringing an action based on intentional infliction of emotional distress allegedly caused by the defendant.1 To recover, plaintiff must …
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4.10A
Charges Document PDF
njcourts.gov
CHARGE 4.10A — Page 1 of 2 4.10 BILATERAL CONTRACTS A. THE CONTRACT CLAIM — GENERALLY (Approved 5/98) NOTE TO JUDGE In preparing the 1998 revisions to this charge, the Committee patterned much of its work on Robert E. Kehoe, Jr.’s two volume treatise …
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4.10B
Charges Document PDF
njcourts.gov
CHARGE 4.10B — Page 1 of 1 4.10 BILATERAL CONTRACTS B. THIRD PARTY BENEFICIARY (Approved 5/98) Ordinarily a person may not sue for breach of a contract unless the person is a party to the contract. However, persons may enter into a contract for the …
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4.10C
Charges Document PDF
njcourts.gov
CHARGE 4.10C — Page 1 of 2 4.10 BILATERAL CONTRACTS C. EXISTENCE OF A LEGALLY ENFORCEABLE CONTRACT (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 …
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4.10D
Charges Document PDF
njcourts.gov
CHARGE 4.10D — Page 1 of 1 4.10 BILATERAL CONTRACTS D. FORM OF CONTRACT (Approved 5/98) There is no requirement that a contract be in writing, that it be dated, or that it be signed by either party.1 It can be entirely oral, or it can be partly oral and …
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4.10E
Charges Document PDF
njcourts.gov
CHARGE 4.10E — Page 1 of 1 4.10 BILATERAL CONTRACTS E. EXPRESS OR IMPLIED CONTRACT (Approved 5/98) A contract may be expressed or implied or may be a mixture of the two. An express contract is one in which the parties have shown their agreement by words. …
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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 …