Statute of Limitations Civil NJ
Cause of Action Statute UCC contract 12A:2-725. Statute of limitations in contracts for sale |
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Contract (in writing): 6 years or 16 years | N.J. Stat. § 2A:14-1; N.J. Stat. § 2A:14-4 |
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Contract (oral): 6 years | N.J. Stat. § 2A:14-1 |
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False imprisonment: 2 years | N.J. Stat. § 2A:14-2(a) |
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Fraud: 6 years | N.J. Stat. § 2A:14-1 |
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Legal malpractice: 6 years | N.J. Stat. § 2A:14-1 |
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Libel: 1 year | N.J. Stat. § 2A:14-3 |
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Medical malpractice: 2 years | N.J. Stat. § 2A:14-2(a), (b) |
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Personal injury: 2 years /negligence | N.J. Stat. § 2A:14-2(a) |
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Product liability: 2 years | N.J. Stat. § 2A:14-2(a) |
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Property damage: 6 years | N.J. Stat. § 2A:14-1 |
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Slander: 1 year | N.J. Stat. § 2A:14-3 |
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Trespass: 6 years | N.J. Stat. § 2A:14-1 |
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Wrongful death: 2 years | N.J. Stat. § 2A:31-3 |
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Assault and Battery: 2 years | N.J. Stat. § 2A-14-2(a) |
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As a general rule, lawsuits for breach of contract in New Jersey must be filed within six (6) years of the date the cause of action accrues. See N.J.S.A. 2A:14-1.
12A:2-725. Statute of limitations in contracts for sale
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.
(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action, which have accrued before this Act becomes effective.
2A:14-1. 6 years
Every action at law for trespass to real property, for any tortious injury to real or personal property, for taking, detaining, or converting personal property, for replevin of goods or chattels, for any tortious injury to the rights of another not stated in sections 2A:14-2 and 2A:14-3 of this Title, or for recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within 6 years next after the cause of any such action shall have accrued.
This section shall not apply to any action for breach of any contract for sale governed by section 12A:2-725 of the New Jersey Statutes.
2A:14-4. Actions on lease, specialty, recognizance or award; 16 years; effect of payments; action on instrument under seal brought by merchant or financial institution; 6 years
Every action at law for rent or arrears of rent, founded upon a lease under seal, every action at law upon a single or penal bill under seal for the payment of money only, upon an obligation under seal conditioned for the payment of money only, upon a recognizance or upon an award under the hands and seals of arbitrators for the payment of money only shall be commenced within 16 years next after the cause of any such action shall have accrued. If, however, any payment is made on any such lease, specialty, recognizance or award within or after such period of 16 years, an action thereon may be commenced within 16 years next after such payment, and not thereafter.
This section shall not apply to any action for breach of any contract for sale governed by N.J.S. 12A:2-725.
This section shall also not apply to any action founded upon an instrument under seal brought by a merchant or bank, finance company, or other financial institution. Any such action shall be commenced within 6 years next after the cause of any such action shall have accrued.
