56:12-4.1. Reform or limit of provision of consumer contract by court; findings
154 words·~1 min read·
/nj/title-56/chapter-12/56-12-4-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.