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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 …
  • 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 …
  • 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 …
  • 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 …
  • 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 …
  • 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 …
  • 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 …
  • 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 …
  • 4.41 Charges Document PDF
    njcourts.gov
    Charge 4.41 — Page 1 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 care …
  • 4.43 Charges Document PDF
    njcourts.gov
    CHARGE 4.43 — Page 1 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 action …
  • 4.44 Charges Document PDF
    njcourts.gov
    CHARGE 4.44 — Page 1 of 7 4.44 DEFICIENCY — SALE OF COLLATERAL AS COMMERCIALLY REASONABLE1 (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 borrowing the …
  • 4.45 Charges Document PDF
    njcourts.gov
    CHARGE 4.45 — Page 1 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 correct …
  • 5.10A Charges Document PDF
    njcourts.gov
    CHARGE 5.10A ― Page 1 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 …
  • 5.10B Charges Document PDF
    njcourts.gov
    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 …
  • 5.10C Charges Document PDF
    njcourts.gov
    CHARGE 5.10C - Page 1 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 …
  • 5.10D Charges Document PDF
    njcourts.gov
    CHARGE 5.10D ― Page 1 of 4 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 cause of the …
  • 5.10E Charges Document PDF
    njcourts.gov
    CHARGE 5.10E ― Page 1 of 2 5.10E ACT OF GOD (Approved before 1984) The defendant contends that the accident was caused by an act of God without any negligence on his/her part and that he/she is thereby exonerated from responsibility for the plaintiff’s …
  • 5.10F Charges Document PDF
    njcourts.gov
    CHARGE 5.10F ― Page 1 of 3 5.10F NEGLIGENCE — EMOTIONAL DISTRESS FROM WITNESSING SERIOUS INJURY TO AN INTIMATE FAMILY MEMBER (Approved 5/84) In this case, plaintiff seeks to recover against the defendant on his/her own behalf, contending that defendant’s …
  • 5.10G Charges Document PDF
    njcourts.gov
    CHARGE 5.10G ― Page 1 of 2 5.10G STANDARDS OF CONSTRUCTION, CUSTOM AND USAGE IN INDUSTRY OR TRADE (Approved 03/2010)1 A. Effect of Proof of Industry Standard2 Some evidence has been produced in this case as to the standard of construction in the industry. …
  • 5.10H Charges Document PDF
    njcourts.gov
    CHARGE 5.10H — Page 1 of 7 5.10H AGENCY (Approved 04/2002; Revised 01/2025)1 A. Employer/Employee An employee is a person (or other entity) engaged to perform services for another, the employer, and who is subject to the employer’s control or right to …