Case Law Summaries

Azurak v. Corporate Property Investors

CONTRACTS; INDEMNIFICATION—The distinction between “broad” and “limited” indemnification clauses is no longer relevant; now, to indemnify against an indemnitee’s own negligence, the clause must specifically reference the negligence or fault of the indemnitee.

• Opinion Date: January 23, 2003
• Business Law

D.J. Miller & Associates, Inc. v. State of New Jersey

CONTRACTS; GOVERNMENTS; REMEDIES—A state agency cannot limit a contractor’s remedy for claims relating to final Director’s decisions to an action before the Appellate Division because it is contrary to court rules and only the New Jersey Supreme Court has the authority to allocate jurisdiction.

• Opinion Date: December 23, 2002
• Business Law

Gorca Systems, Inc. v. Bayer Corporation

CONTRACTS; GOOD FAITH; FAIR DEALING—There is no dichotomy between the principles of good faith or of fair dealing because they are either inextricably bound together or intended to express essentially the same kind of duty.

• Opinion Date: March 12, 2003
• Business Law

Judge v. Blackfin Yacht Corporation

CONTRACTS; FRAUD—It wasn’t fraud when a boat dealer didn’t tell its customer that the boat manufacturer was in bankruptcy because there was no evidence that the manufacturer couldn’t build the customer’s boat.

• Opinion Date: February 13, 2003
• Business Law

Wreh v. Tuck

CONTRACTS; FRAUD—Leasing a financed vehicle in possible contravention of the owner’s financing agreement is not an illegal transaction and is enforceable, but the lessee may be entitled to collect damages, if any, arising out of what might be a fraud against the financing company.

• Opinion Date: November 6, 2003
• Business Law

Newman v. Camp Towanda

CONTRACTS; FORUM SELECTION—A contract requiring all disputes to be heard in a particular jurisdiction may require that a personal injury action be brought in that jurisdiction.

• Opinion Date: September 12, 2003
• Business Law

Pemaquid Underwriting Brokerage, Inc. v. Mutual Indemnity (Bermuda) Ltd.

CONTRACTS; FORUM SELECTION—A party entering into separate, but related contracts with two companies affiliated with each other can be bound to litigate in two different jurisdictions if each contract has an otherwise enforceable forum selection clause, even if the suits concern the same subject matter.

• Opinion Date: September 24, 2003
• Business Law

Gladstone v. Martucci

CONTRACTS; ENFORCEMENT—Even though a settlement agreement may call for strict compliance, where the violation is slight, the consequence is great, and the party seeking enforcement had failed to complain about similar lapses, only substantial compliance will be required.

• Opinion Date: October 30, 2003
• Business Law

Klein v. AJV Auto Air & Service, Inc.

CONTRACTS; DAMAGES; RESCISION—A complaining car buyer who drive a car for 40,000 miles, where the car also has been rear-ended, is not entitled to rescission as a remedy for deceit because rescission is an equitable remedy only applicable when the parties can each be returned to their original positions.

• Opinion Date: May 5, 2003
• Business Law

Jasphy v. Osinsky

CONTRACTS; DAMAGES; LIMITATION—If a contractual limitation of damages in a consumer contract is unconscionably low, it may be set aside.

• Opinion Date: November 5, 2003
• Business Law