As Is Defense to Consumer Fraud Actions in New Jersey
As Is Defense to Consumer Fraud Actions in New Jersey
The Uniform Commercial adopted by New Jersey permits the inclusion of "as is" clauses in contract and the limitation of liability for “breach of warranty,” not consumer fraud. N.J.S.A. 12A:2-316 (exclusion or modification of warranties). Since the plaintiff has already addressed the limited manner in which the courts address and view these “restrictions” it is hard to contemplate that the Code could limit the CFA and rights thereunder. See N.J.S.A. 56:8-2.13
56:8-2.13. Cumulation of rights and remedies; construction of act
The rights, remedies and prohibitions accorded by the provisions of this act are hereby declared to be in addition to and cumulative of any other right, remedy or prohibition accorded by the common law or statutes of this State, and nothing contained herein shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition.
To interpret the UCC and the consumer fraud act to permit a “fraud” waiver cannot be deemed reasonable. In Parrot v. Carr Chevrolet 331 Or. 537, 17 P.3d 473 (2001) the Oregon Supreme Court addressed the issue of the “as is” clause can create a defense to fraud and consumer fraud and held it could not be done.