Category: Business Law

Healthcare Services Group, Inc. v. Royal Healthcare of Middlesex, LLC

CONTRACTS; AGENCY—Even though an agreement between a customer and a contractor may disclaim a contractual relationship between them with the intention that the customer be insulated from the debts its contractor incurs in the course of performance, if the agreement actually or impliedly makes the contractor an agent of the customer, the customer may be liable for those debts under agency principles.

• Opinion Date: August 13, 2003

Tender Loving Care Ambulance & Ambulette Co., Inc. v. Meridian Hospitals Corporation

CONTRACTS—Where the terms of a contract extension agreement are unclear, courts will compare it to the original underlying agreement to determine what the parties may have intended in their extension agreement.

• Opinion Date: May 15, 2003

Grantuskas v. Caruana

CONTRACTS—Parties need not agree to specific provisions within their agreements if they have agreed that a third party would make the final decision as to how the missing provision should read.

• Opinion Date: December 1, 2003

Rosenberg v. Cherry Hill Porsche

CONSUMER FRAUD; WARRANTIES—It is not fraud for a vehicle manufacturer to repair damage to a new vehicle after the vehicle leaves the factory when the warranty material furnished to a buyer says that such repairs may be made in accordance with the manufacturer’s standards.

• Opinion Date: December 16, 2003

Zorba Contractors, Inc. v. Housing Authority of The City of Newark

CONSUMER FRAUD; JURIES—Jury trials are available in Consumer Fraud Act actions.

• Opinion Date: July 11, 2003

Tanksley v. Cook

CONSUMER FRAUD; ATTORNEYS FEES—An award of attorneys fees under the Consumer Fraud Act can include an award for fees and costs incurred in collecting the judgment.

• Opinion Date: May 2, 2003

Chartier v. Carpet Emporium

CONSUMER FRAUD—Under the Consumer Fraud Act, a wall-to-wall carpet may mean a carpet cut and shaped to closely fit a room, even if it doesn’t reach the walls or is not attached to the floor.

• Opinion Date: January 2, 2003

Christy v. We the People Forms and Services Centers, USA, Inc.

CONSUMER FRAUD—The purchase of a franchised business is not covered by the Consumer Fraud Act even if the business itself sells to consumers.

• Opinion Date: March 6, 2003

Macedo v. Dello Russo

CONSUMER FRAUD—Although professional services may not be subject to the Consumer Fraud Act, advertising or marketing of those services is subject to the Act.

• Opinion Date: March 27, 2003

Hann Financial Service Corp. v. Hansil

CONSUMER FRAUD—Suppression of a material fact is one basis for a finding of a violation under the Consumer Fraud Act.

• Opinion Date: December 8, 2003