Civil Litigation


Home Inspectors Subject to Liability Under NJ Consumer Fraud Act

In a recent decision, Shaw v. Shand, et al., the Appellate Court of New Jersey held that semi-professionals, such as home inspectors, can be held liable under the New Jersey Consumer Fraud Act (CFA).

Shaw hired Shand, a licensed home inspector, to perform a property inspection prior to purchasing a home. Shand wrote a report stating that the property was in good condition, and Shaw relied on this report when he officially purchased the home. Later, contrary to Shand’s report, Shaw discovered that several major repairs were required ...

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Independent Contractor or Employee?

The New Jersey Appellate Division recently held that The Courier-Post was not vicariously liable for the actions of its independent contractor. The independent contractor was involved in a vehicle collision, and as a result, the other driver tried to argue that The Courier-Post was vicariously liable since the independent contractor was delivering papers for The Courier-Post when the accident occurred.

The doctrine of respondeat superior allows employers to be held vicariously liable for the acts of its employees when an employee...

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