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As its name indicates, the North Carolina Unfair and Deceptive Trade Practices Act (or ?UDTPA,? for short) prohibits businesses from engaging in unfair or deceptive acts or practices. Violating the UDTPA subjects a defendant to potential treble (triple) damages, costs, and attorney's fees.
Causation: An exception to the no reliance requirement is when an unfair or deceptive claim is based upon an alleged misrepresentation by a defendant. The plaintiff must show actual reliance on the alleged misrepresentation in order to establish that the alleged misrepresentation proximately caused plaintiff's injury.
§ 75-1.1. Methods of competition, acts and practices regulated; legislative policy. (a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.
Trebled damages are damages that, by statute, are three times the amount of actual damages awarded. Trebling of damages is automatic once a violation is shown because the award of trebled damages is a right of the prevailing plaintiff and is not subject to judicial review.
For contract formation, the offer and acceptance are essential terms. The offer and acceptance form the agreement between the parties. The offer must be communicated, it must be complete and the offer must be accepted in its exact terms. Mutuality of agreement is a must.
No action to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property shall be brought more than six years from the later of the specific last act or omission of the defendant giving rise to the cause of action or substantial completion of the improvement.
North Carolina General Statutes Chapter 75: Monopolies, Trusts and Consumer Protection. Section 75-1.1 prohibits the following activities: Unfair methods of competition in or affecting commerce; and. Unfair or deceptive acts or practices in or affecting commerce.
In general, North Carolina law recognizes the validity of electronic or digital signatures for contracts or other legally binding documents (N.C. Gen. Stat. § 66-58.1, et seq.).