LegalFix
Sign In

Section 56:12-4.1 - Reform or limit of provision of consumer contract by court; findings

NJ Rev Stat § 56:12-4.1 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

56:12-4.1. Reform or limit of provision of consumer contract by court; findings

In addition to the remedies provided in this act, a court reviewing a consumer contract may reform or limit a provision so as to avoid an unfair result if it finds that:

a. a material provision of the contract violates this act;

b. the violation caused the consumer to be substantially confused about any of the rights, obligations or remedies of the contract; and

c. the violation has caused or is likely to cause financial detriment to the consumer.

If the court reforms or limits a provision of a consumer contract, the court shall also make orders necessary to avoid unjust enrichment. Bringing a claim for relief pursuant to this section does not entitle a consumer to withhold performance of an otherwise valid contractual obligation. No relief shall be granted pursuant to this section unless the claim is brought before the obligations of the contract have been fully performed.

L.1981, c. 464, s. 9.

Previous Section
Section 56:12-4 - Class actions; limitation on punitive damages
Next Section
Section 56:12-5 - Nonliability conditions