civil remedy violation (New Jersey) · Go Syfert
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civil remedy violation in New Jersey

6 New Jersey opinions name it 2 courts 1980–1999 0 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Bortz v. Rammelgreen
njsuperctappdiv · 1977 · cited in 4 New Jersey opinions naming this issue, 1980–1999
2 sentences

1999The court, quoting Re *235 statement, Torts 2d, § 874A at 65 (Tentative Draft No. 23, Apr. 1977), stated: When a legislative provision proscribes or requires certain conduct for the benefit of a class of persons but does not provide a civil remedy for the violation, the court may, if it determines that the remedy is appropriate in furtherance of the purpose of the legislation and needed to assure the effectiveness of the provision, accord to an injured member of the class a right of action, using a suitable existing tort action or a new cause of action analogous to an existing tort action. [Id

1995Super. 312, 321 , 376 A. 2d 1261 (App.Div.), certif. denied, 75 N.J. 539 , 384 A. 2d 518 (1977), Judge Pressler cited the "multi-faceted test" governing the right to a civil remedy contained in Restatement (Second) of Torts § 874A at 65 (Tentative Draft No. 23, April 1977), which stated: When a legislative provision proscribes or requires certain conduct for the benefit of a class of persons but does not provide a civil remedy for the violation, the court may, if it determines that the remedy is appropriate in furtherance of the purpose of the legislation and needed to assure the effectiveness

34
Jones v. Bennettgreen
njsuperctappdiv · 1998 · cited in 2 New Jersey opinions naming this issue, 1998–1998
2 sentences

1998When a statute specifically incorporates a standard of care, "a jury finding of a statutory violation constitutes a finding of negligence." Eaton v. Eaton, 119 N.J. 628, 642-43 , 575 A. 2d 858 (1990); see also Jones v. Bennett, 306 N.J.Super. 476, 484 , 703 A. 2d 1008 (App.Div. 1998) (noting that normally "violation of a motor vehicle statute is evidence of negligence," but where "a motor vehicle statute codifies the common law standard, the violation of the statute is not evidence of negligence, it is negligence") (internal quotation and citation omitted).

1998When a statute specifically incorporates a standard of care, "a jury finding of a statutory violation constitutes a finding of negligence." Eaton v. Eaton, 119 N.J. 628, 642-43 , 575 A. 2d 858 (1990); see also Jones v. Bennett, 306 N.J.Super. 476, 484 , 703 A. 2d 1008 (App.Div. 1998) (noting that normally "violation of a motor vehicle statute is evidence of negligence," but where "a motor vehicle statute codifies the common law standard, the violation of the statute is not evidence of negligence, it is negligence") (internal quotation and citation omitted).

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Parks v. Pep Boys green
njsuperctappdiv · 1995
2 sentences

1998We note that [w]hen a legislative provision protects a class of persons by proscribing or requiring certain conduct but does not provide a civil remedy for the violation, the court may, if it determines that the remedy is appropriate in furtherance of the purpose of the legislation and needed to assure the effectiveness of the provision, accord to an injured member of the class a right of action, using a suitable existing tort action or a new cause of action analogous to an existing tort action. [ Restatement (Second) of Torts, § 874A.] Not only may a violation of a statute "generate a civil r

1998We note that [w]hen a legislative provision protects a class of persons by proscribing or requiring certain conduct but does not provide a civil remedy for the violation, the court may, if it determines that the remedy is appropriate in furtherance of the purpose of the legislation and needed to assure the effectiveness of the provision, accord to an injured member of the class a right of action, using a suitable existing tort action or a new cause of action analogous to an existing tort action. [ Restatement (Second) of Torts, § 874A.] Not only may a violation of a statute "generate a civil r

21998–1998
Eaton v. Eaton green
nj · 1990
2 sentences

1998When a statute specifically incorporates a standard of care, "a jury finding of a statutory violation constitutes a finding of negligence." Eaton v. Eaton, 119 N.J. 628, 642-43 , 575 A. 2d 858 (1990); see also Jones v. Bennett, 306 N.J.Super. 476, 484 , 703 A. 2d 1008 (App.Div. 1998) (noting that normally "violation of a motor vehicle statute is evidence of negligence," but where "a motor vehicle statute codifies the common law standard, the violation of the statute is not evidence of negligence, it is negligence") (internal quotation and citation omitted).

1998When a statute specifically incorporates a standard of care, "a jury finding of a statutory violation constitutes a finding of negligence." Eaton v. Eaton, 119 N.J. 628, 642-43 , 575 A. 2d 858 (1990); see also Jones v. Bennett, 306 N.J.Super. 476, 484 , 703 A. 2d 1008 (App.Div. 1998) (noting that normally "violation of a motor vehicle statute is evidence of negligence," but where "a motor vehicle statute codifies the common law standard, the violation of the statute is not evidence of negligence, it is negligence") (internal quotation and citation omitted).

21998–1998
Bortz v. Rammel neutral
nj · 1977
2 sentences

1995Super. 312, 321 , 376 A. 2d 1261 (App.Div.), certif. denied, 75 N.J. 539 , 384 A. 2d 518 (1977), Judge Pressler cited the "multi-faceted test" governing the right to a civil remedy contained in Restatement (Second) of Torts § 874A at 65 (Tentative Draft No. 23, April 1977), which stated: When a legislative provision proscribes or requires certain conduct for the benefit of a class of persons but does not provide a civil remedy for the violation, the court may, if it determines that the remedy is appropriate in furtherance of the purpose of the legislation and needed to assure the effectiveness

1995Super. 312, 321 , 376 A. 2d 1261 (App.Div.), certif. denied, 75 N.J. 539 , 384 A. 2d 518 (1977), Judge Pressler cited the "multi-faceted test" governing the right to a civil remedy contained in Restatement (Second) of Torts § 874A at 65 (Tentative Draft No. 23, April 1977), which stated: When a legislative provision proscribes or requires certain conduct for the benefit of a class of persons but does not provide a civil remedy for the violation, the court may, if it determines that the remedy is appropriate in furtherance of the purpose of the legislation and needed to assure the effectiveness

11995–1995

Where else courts name it

MI 9 (1987–2022) CA 7 (1981–2020) NJ 6 (1980–1999) WA 5 (2008–2020) NY 4 (1993–2011) KY 3 (1997–2024) LA 3 (1987–2021) OR 3 (1983–2003) IN 3 (2007–2014) IA 3 (2017–2017) IL 2 (2001–2001) CT 2 (1995–2001) MO 2 (1985–2012) VT 2 (2018–2019) NH 2 (2017–2018) ID 2 (2000–2013) CO 2 (1992–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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