New Jersey § 56:12-40 Affirmative defense.

New Jersey Statutes

§ 56:12-40 Affirmative defense.

Title 56TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

This text of New Jersey § 56:12-40 Affirmative defense. is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 56:12-40 Affirmative defense. (2026).

Text

12.It shall be an affirmative defense to a claim under this act that the alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle or that the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by anyone other than the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, or its dealer or distributor. L.1988, c.123, s.12; amended 2009, c.324, s.12.

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12. It shall be an affirmative defense to a claim under this act that the alleged nonconformity does not substantially impair the use, value, or safety of the new motor vehicle or that the nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle by anyone other than the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, or its dealer or distributor. L.1988, c.123, s.12; amended 2009, c.324, s.12.

Nearby Sections

15

§ 56:12-1

Definitions.

§ 56:12-10

Guidelines

§ 56:12-100

Opting out of contract under certain circumstances with no fee.

§ 56:12-101

Violations, penalties.

§ 56:12-102

Allowing service contracts to be paused, canceled upon service recipients' admission to certain long-term care facilities.

§ 56:12-11

Waiver of rights under act; effect of violation of act

§ 56:12-12

Injunctions; attorney fees, court costs.

§ 56:12-13

Severability

§ 56:12-14

Short title

§ 56:12-15

Consumer contract, warranty, notice or sign; violation of legal right of consumer or responsibility of seller, lessor, etc.; prohibition; exemptions

§ 56:12-16

Provision for waiver of rights under act; nullity; statement of provisions void, unenforceable or inapplicable in New Jersey

§ 56:12-17

Violations; civil liability to aggrieved consumer; action; termination of contract

§ 56:12-18

Act as additional to other rights, remedies and prohibitions

§ 56:12-2

Contracts to be written in simple, clear, understandable and easily readable way

§ 56:12-29 Findings, intentions.

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New Jersey § 56:12-40 Affirmative defense., Counsel Stack Legal Research, https://law.counselstack.com/statute/nj/56/56%3A12-40%20Affirmative%20defense..