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

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.