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CHARGE 3.20D — Page 4 of 4 3.20 FALSE IMPRISONMENT (FALSE ARREST) (Approved 6/89) D. Police Arrest Without a Warrant A police officer may arrest an individual without a warrant if he/she has a reasonable basis to believe that a crime is being or has been …
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CHARGE 3.20E — Page 5 of 5 3.20 FALSE IMPRISONMENT (FALSE ARREST) (Approved 6/89) E. ARREST WITHOUT WARRANT FOR DISORDERLY PERSON'S OFFENSE OR BREACH OF PEACE 1 It is the law of this State that a person--whether a private citizen or a police officer — may …
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CHARGE 3.20F — Page 4 of 5 3.20 FALSE IMPRISONMENT (FALSE ARREST) (Approved 6/89) F. Shoplifting ( N.J.S.A. 2C:20-11) It is the law of this State that a law enforcement officer, or a special officer, or a merchant, who has probable cause to believe that a …
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Charge 3.15 Charge 3.30A — Page 1 of 2 3.30A UNLAWFUL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE (Approved before 1984) The right of a person to pursue a lawful business and to enjoy the fruits and advantages of one’s industry or efforts are rights …
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Charge 3.16 CHARGE 3.30B — Page 4 of 4 3.30B TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS (REALTY BROKER V. THIRD PARTY) (Approved 6/79) The law protects those in the pursuit of their livelihood. The right to pursue the real estate brokerage business …
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CHARGE 3.30C — Page 1 of 2 3.30C UNLAWFUL INTERFERENCE WITH CONTRACTUAL RELATIONS (Approved before 1986) WRONGFUL ACT — DEFINITION In determining whether the defendant committed a wrongful act, the ultimate inquiry is whether defendant unjustifiably …
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Charge 3.18 CHARGE 3.30D — Page 4 of 4 3.30D ABUSE OF PROCESS (Approved before 1984) The plaintiffs in this action allege that the defendant is liable for abuse of process. The defendant denies the allegation. There are two basic elements necessary to …
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Charge 3.19 CHARGE 3.30E — Page 3 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 …
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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. To recover, plaintiff must …
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CHARGE 4.10A — Page 2 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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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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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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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. It can be entirely oral, or it can be partly oral and …
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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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CHARGE 4.10F — Page 7 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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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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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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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. The defendant contended that [state contention]. To …
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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) In addition to the express terms of a contract, the law provides that every contract contains an implied …
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CHARGE 4.10K — Page 2 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 …