INSTRUCTIONAL SYSTEMS v. CCC.


130 N.J. 324 (1992)

614 A.2d 124

INSTRUCTIONAL SYSTEMS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. COMPUTER CURRICULUM CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided October 19, 1992.


Attorney(s) appearing for the Case

Peter N. Perretti, Jr., argued the cause for appellant and cross-respondent (Riker, Danzig, Scherer, Hyland & Perretti and Dunn, Pashman, Sponzilli, Swick & Finnerty, attorneys; David W. Garland, Jeanne M. Bratsafolis, Robert E. Rochford, Warren S. Robins, Joseph Dunn, Anne M. Patterson, and Jeffrey J. Miller, on the briefs).

Jay Greenfield, a member of the New York bar, argued the cause for respondent and cross-appellant (McCarter and English, attorneys; Mr. Greenfield, Andrew T. Berry, Teresa L. Moore, Rosanne C. Kemmet, Debra Ann Livingston, a member of the New York bar, and Michael E. Gerber, a member of the New York bar, of counsel; Ms. Moore, Ms. Livingston, and Mr. Gerber, on the briefs).

Michael J. Ferrara submitted a brief on behalf of amicus curiae Fair Franchising Coalition (Greenberg, Ferrara, Covitz, Turitz, Harraka & Goldberg, attorneys; Jere W. Glover, a member of the District of Columbia bar, of counsel).


The opinion of the Court was delivered by O'HERN, J.

This appeal requires us to adapt legislation enacted over twenty years ago on the model of franchise stereotypes, such as a fast-food outlet, an automobile dealership, or a gasoline service station, to the rapidly-evolving complexities of the computer industry and its various distribution channels. We hold that the contractual relationship between the producer of a computerized...

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