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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 …
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Charge 5.1oE 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 …
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Charge 5.10F CHARGE 5.10F ― Page 3 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 …
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CHARGE 5.10G ― Page 2 of 2 5.10G STANDARDS OF CONSTRUCTION, CUSTOM AND USAGE IN INDUSTRY OR TRADE (Approved 03/2010)[footnoteRef:1] [1: This charge was formerly designated as 5.10H. ] A. Effect of Proof of Industry Standard[footnoteRef:2] [2: Where it is …
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Charge 5.10I CHARGE 5.10H — Page 4 of 4 5.10H AGENCY (Approved 04/2002; Revised 01/2025)[footnoteRef:1] [1: This charge was formerly designated as 5.10I.] A. Employer/Employee An employee is a person (or other entity) engaged to perform services for …
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5.10I EVIDENCE OF AND PER SE NEGLIGENCE (Approved 04/2016)[footnoteRef:1] [1: This charge was formerly designated as 5.10J. ] 1. Violation of Administrative Regulation/Statute as Evidence of Negligence In this case, the plaintiff, in support of the claim …
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CHARGE 5.11 — Page 1 of 1 5.11 ASSUMPTION OF RISK – IN THE PRIMARY SENSE (Approved 04/2001; Revised 11/2023) NOTE TO JUDGE The Committee notes, except in cases where there is a statutory foundation, the defense of assumption of the risk is not a valid …
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CHARGE 5.12 ― Page 5 of 5 5.12 GROSS NEGLIGENCE (Approved 02/2004; Revised 03/2019) NOTE TO JUDGE The Supreme Court has endorsed the following definition of gross negligence as provided later in this charge: Gross negligence is an act or omission, which …
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Charge 5.20A CHARGE 5.20A ― Page 8 of 8 5.20A DANGEROUS CONDITION OF PUBLIC PROPERTY (Approved 02/1996; Revised 01/2025) The plaintiff charges that [describe condition] is a dangerous condition of public property and that the dangerous condition was a …
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Charge 5.20C CHARGE 5.20C ― Page 4 of 4 5.20C DUTY OF OWNER TO TENANT LEASING ENTIRE PREMISES AND TO OTHERS ON PREMISES (Approved 5/77) A. Residential Premises When a landlord rents (leases) a home to another, he/she has a duty to inform that person of …
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Charge 5.20D CHARGE 5.20D ― Page 9 of 10 5.20D DUTY OF OWNER OF MULTI-FAMILY HOUSE TO TENANTS AND OTHERS (Approved 5/97) NOTE TO JUDGE There are a variety of legal theories for claiming negligence by the landlord to a tenant or his/her guests. The …
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Charge 5.20E CHARGE 5.20E ― Page 1 of 2 5.20E Activity of Owner/Occupier As Distinguished from Condition of Premises, Duty Owed (Approved 3/00) Note to Judge (Regarding Independent Contractor Rule) This charge does not deal with the negligence of an …
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Charge 5.20G CHARGE 5.20G ― Page 4 of 4 5.20G LIABILITY OF FORMER OWNER OF COMMERCIAL PROPERTY FOR DEFECTS OR OTHER DANGEROUS CONDITIONS IN ABUTTING SIDEWALKS (Approved 5/84) During the time a former owner of commercial property owned or controlled that …
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Charge 5.20H CHARGE 5.20H ― Page 4 of 4 5.20H DANGEROUS INSTRUMENTALITIES OR CONDITIONS (Approved before 1983) A. In General The law imposes upon a defendant the duty to exercise the care that a reasonably prudent person would exercise under all the …
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CHARGE 5.20I ― Page 2 of 2 5.20I DUTY OF A SUPERMARKET TO A BUSINESS INVITEE WALKING IN ONE OF THE AISLES (Approved 10/90) One who owns or operates a business establishment such as a supermarket and invites members of the public to enter for business …