Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Car Repair Shop Lawsuit FAQs

INTRODUCTION
Read below to learn more about this topic. Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email. Warning – this article does not necessarily include every Court rule, code or law that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws. Before taking any action, read all applicable federal and state source law and case law and consult with an attorney. Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there! Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!

NEW JERSEY CAR REPAIR SHOP LAWSUIT FAQs

WHAT IS A NEW JERSEY CAR REPAIR SHOP LAWSUIT?
A New Jersey car repair shop lawsuit is usually a civil lawsuit between a New Jersey car repair shop and a car owner about a New Jersey car repair shop breach of contract related to the performance of services to a car. A New Jersey car repair shop breach of warranty lawsuit involves warranties that the shop provided to car owners with the services performed at the car or materials installed at the car. A New Jersey car repair shop breach of contract or a New Jersey car repair shop breach of warranty may cause a car owner expensive costs to repair the damage to their car. For most people a car is an expensive investment. Since so much is at stake in a New Jersey car repair shop lawsuit and since proving these cases can be challenging, hire an experienced New Jersey car repair shop lawsuit attorney to help you with your case.

HOW DOES CAR OWNER PROVE A NEW JERSEY CAR REPAIR SHOP BREACH OF CONTRACT LAWSUIT?
To establish a New Jersey car repair shop breach of contract lawsuit, the Car owner must prove that:
1. The Car owner and New Jersey car repair shop entered into a Contract containing certain terms – a valid Contract.
2. The Car owner did what the Contract required the Car owner to do.
3. The shop did not do what the Contract required the New Jersey car repair shop to do. This failure is called a Contract.
4. The shop’s breach, or failure to do what the Contract required, caused a loss to the Car owner.

Failure to perform a Contract in accordance with its terms constitutes a New Jersey car repair shop breach of contract. It does not matter if the failure was purposeful or inadvertent. A Contract breach may be material or minor. The generally accepted rule is that whether a Contract breach is material is a question of fact. However, Courts will enforce a Contractual provision establishing that a particular Contract breach is grounds for termination of the Contract. The Car owner may be able to file a New Jersey car repair shop breach of contract lawsuit even if the breach is minor providing the breach causes the Car owner measurable injury or damage. When there has been a minor breach that may have caused the Car owner injury or damage, it is possible for the court to find that the shop has nevertheless substantially performed the Contract. To find that the shop substantially performed the Contract, the Court must have to conclude from the evidence that the shop made a good faith effort that actually achieved the essential purpose of the Contract and provide the Car owner with the fundamental benefits that the Car owner was supposed to receive from is the Contract. If the shop substantially performed is the Contract, it will affect the amount of money damages that can be awarded for the Contract. Since proving these cases can be challenging, hire an experienced New Jersey car repair shop lawsuit attorney to help you with your case.

HOW DOES A COURT DECIDE IF A NEW JERSEY CAR REPAIR SHOP BREACH OF CONTRACT IS MATERIAL OR MINOR?
A New Jersey car repair shop breach of contract is material if it affects the purpose of the Contract in an important or vital way. A material breach defeats the purpose of the Contract and is inconsistent with the intention of the Car owner and contractor to be bound by is the Contract terms. When a contractor materially breaches a Contract, the Car owner has a right to terminate is the Contract and may be excused from further performance of plaintiff’s remaining obligations under is the Contract. The Court may use the following criteria for determining whether a New Jersey car repair shop breach of contract is material:
(1) the extent to which the injured party will be deprived of the benefit which he/she reasonably expected;
(2) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived;
(3) the extent to which the Car owner or Contract defendant failing to perform or to offer to perform will suffer forfeiture;
(4) the likelihood that the Car owner or Contract defendant failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances;
(5) the extent to which the behavior of the Car owner or Contract defendant failing to perform or to offer to perform comports with standards of good faith and fair dealing.
Because proving these cases can be complex, seriously consider hiring an experienced New Jersey car repair shop lawsuit attorney to help you with your case.

WHAT HAPPENS IF THE CAR OWNER’S PROMISE UNDER IS THE CONTRACT WAS DEPENDENT UPON THE SHOP’S PERFORMANCE AND THE SHOP FAILS TO PERFORM UNDER THE CONTRACT?
In a New Jersey car repair shop breach of contract lawsuit, when the Car owner’s promise under is the Contract was dependent upon the shop’s performance and the shop fails to perform, then the Car owner is excused from further performance of the Car owner’s promise. When a Car owner or contractor materially breaches the Contract but does not indicate any intention to renounce or repudiate the remainder of the Contract, the Car owner can elect to either continue to perform or cease to perform. If the Car owner elects to perform, the Contract, they are deprived of an excuse for ceasing performance. But even if the Car owner elects to perform, they can still sue for any injury or damages suffered because of the material breach. Since proving damages in these cases can be challenging, hire an experienced New Jersey car repair shop lawsuit attorney to help you with your case.

WHAT IS A NEW JERSEY CAR REPAIR SHOP BREACH OF WARRANTY LAWSUIT?
A New Jersey car repair shop breach of warranty lawsuit may arise where an express warranty is issued by a contractor to a car owner and the shop breaches that warranty. The basic elements of a New Jersey car repair shop breach of warranty lawsuit are: (1) The car owner was the recipient of or beneficiary under an express oral or written warranty, including any affirmation of fact or promise made by the shop related to the work under the contract. (2) the work did not conform to the warranty and/or the Car owner experienced problems with the shop’s work. (3) The New Jersey car repair shop breach of warranty was material rather than one for trivial nonconformities/problems. (4) The Car owner gave the shop an opportunity to cure the nonconformities/problems but the shop failed to cure those nonconformities/problems. (5) In a reasonable time after discovering the nonconformities/problems, the Car owner provided notice to the shop of the existence of those nonconformities/problems. (6) In certain warranty cases, such as where the shop alleges secondary causes, the Car owner did not continue to make deliberate and unreasonable use of the product after becoming aware of the nonconformity/problem or the Car owner did not cause the problem or nonconformity by abusing, misusing or modifying the product.(7) The Car owner suffered damages from the New Jersey car repair shop breach of warranty.

WHAT DAMAGES MIGHT I RECOVER IN A NEW JERSEY CAR REPAIR SHOP BREACH OF WARRANTY LAWSUIT?
A plaintiff who wins a New Jersey car repair shop breach of warranty lawsuit may recover compensatory damages for such losses as may fairly be considered to have arisen naturally from the breach of warranty. Alternatively, plaintiff may be entitled to such damages as may reasonably be supposed to have been contemplated by both parties, at the time they made the warranty, as the probable result of the breach of such warranty. Compensatory damages for breach of warranty are designed under the law to place the injured party in as good a monetary position as he/she would have enjoyed if the warranty had been performed as promised.
AN EXPERIENCED NEW JERSEY CAR REPAIR SHOP LAWSUIT ATTORNEY AVAILABLE TO HELP WITH YOUR NEW JERSEY CAR REPAIR SHOP LAWSUIT
Let an experienced New Jersey car repair shop lawsuit attorney help you find out if you have a valid case against a car dealer. Shop rip offs often involve a shop trying to hide behind disclaimer language printed on a contract. Don’t be a victim of a shop scam! Find out what your rights are by consulting with an experience New Jersey car repair shop lawsuit attorney. Mr. DePetris has represented many consumers against shops. Don’t take a chance waiting on your claim – why not get a no obligation phone consultation about your rights? Did a shop misrepresent its services to you? Did a shop fail to get you to sign a written invoice authorizing work? Did a shop hit you with an inflated repair bill? Did a shop misrepresent the terms of any written warranty, service contract or repair insurance currently in effect? As an experienced New Jersey car repair shop lawsuit attorney, Mr. DePetris can handle your case. Paul DePetris has handled many repair fraud cases, prosecuting such lawsuits for car owners. Paul DePetris is also a published legal author on the subject. Use the services of an experienced New Jersey car repair shop lawsuit attorney to help you sort out your rights and to take the next step in your dispute. Handling your New Jersey car repair shop lawsuit wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from an experienced New Jersey car repair shop lawsuit attorney! Not all New Jersey cases require you to pay expensive legal fees to get legal help. Call or send an email to Paul DePetris for a one time no obligation consultation. Why take a chance with your expensive improvements to your car? Since proving these cases can be challenging, hire an experienced New Jersey car repair shop lawsuit attorney to help you with your case.
Website Builder