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https://www.justia.com/products-liability/types-of-products-liability-claims/breach-of-warranty/
A lawsuit based solely on a breach of warranty is a breach of contract lawsuit. "Express" warranties are specific guarantees made by a seller about the product. An express warranty is usually set forth in a sales contract, but at times it is conveyed through the seller's oral statements about the product.
https://jenner.com/system/assets/publications/731/original/Ch_15_-_Breach_of_Warranty.pdf?1313777857
BREACH OF WARRANTY PART III — CONTRACT AND BUSINESS DISPUTES §15.5 was the basis of the bargain, the seller need not have had specific intent to provide a warranty or used specific words such as “warrant” or “guarantee.” 825 ILCS 5/2-313(2).
https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter2-7.html
Breach of Warranty Cases in Small Claims Court. ... The express warranty may be the seller's written description of the product that you relied on when deciding to purchase it (for example, a promise that a car is defect-free). Or, the express warranty may be the manufacturer's or retailer's written promise to maintain the performance of the ...
http://www.moriarty.com/depuy_hip_recall/content/documents/DePuy/Complaints/100910usdc-txnd10cv01787complaint.pdf
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JERRE FREY, individually, § ... Complaint - 14900 COUNT III (Breach of Implied Warranty of Merchantability) 22. The allegations contained in paragraphs 1 through 21 are repeated and realleged ... (Breach of Express Warranty) 29. The allegations contained in ...
https://s3.amazonaws.com/s3.documentcloud.org/documents/2104771/irvine-vs-segue-complaint-2010-without-exhibits.pdf
complaint for damages, breach of contract, breach of express warranty, negligence, and breach of written contract by third party beneficiary . 5 10 15 20 25 ... breach of express warranty, negligence, and breach of written contract by tidrd party beneficiary . 5 10 15 20 25 wherefore, plaintiff prays for judgment against defendants, and each of ...
https://www.uslegalforms.com/us/US-00761.htm
View Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood; View Complaint regarding Defective Auto, Breach of Warranty, Motor Vehicle Warranty Act, and Magnuson Moss Act, Punitive Damages
https://www.esqnj.com/breach-of-warranty.html
There are many types of New Jersey breach of warranty which our lawyers pursue on behalf of consumers, such as cars, boats and consumer products of all types. Consumers of services are covered under the New Jersey warranty laws, as well. A warranty is a promise that a seller or contractor will repair defects in a product or replace it.
https://www.in.gov/judiciary/opinions/pdf/08241601lmb.pdf
a breach of warranty theory because, by the complaint’s own allegations, no express, implied, or statutory warranty associated with the written home construction contract applies to the retaining walls. However, the Gables’ complaint does not rise or fall on the new home construction warranties.
https://www.consumerlawgroup.com/Practice-Areas/Vehicle-Warranty-Problems.shtml
Warranty issues can involve many different problems. For example, the auto dealer may have breached either the express warranty or the implied warranty. If the dealer deceived in regards to the vehicle's history and condition, you may also have a claim.
https://www.justia.com/trials-litigation/docs/caci/3200/3210/
Breach of Implied Warranty of Merchantability—Essential. Factual Elements [Name of plaintiff] claims that the [consumer good] did not have the. quality that a buyer would reasonably expect. This is known as “breach ... while under a manufacturer’s express warranty the buyer must allow for a.
https://www.primerus.com/files/PRI_2010ACC_ImportantLegalTopics_Defenses%20to%20Breach%20of%20Warranty%20Actions_FNLr1.pdf
does not contain some type of breach of warranty claim. In order to be able to properly defend against claims of breach of express or implied warranties, defense counsel must be familiar with the possible defenses to such claims. 1. Nonexistence of Warranty The simplest defense to a breach of warranty action is that there is no warranty.
https://www.newsomelaw.com/for-referring-attorneys/warranty-theories/
Defenses to an Action for Breach of Express Warranty. The most common defenses to an action for breach of express warranty go to element Number 3 above, whether or not a warranty as described in Florida Statutes § 672.313 was created.Founder: C. Rich Newsome Esq., Frank Melton
https://www.merlinusmonroe.com/2011/03/05/redacted-complaint-for-fraud-and-breach-of-warranties/
A car crash imprisoned me at my office, so needed work is being done. Therefore, a redacted Complaint for fraud and breach of warranties is presented.
https://www.lalitigationlawyers.com/breach-of-express-warranties.html
Call 213-699-1355 - Mark Anchor Albert and Associates is dedicated to serving our clients with a range of legal services including Real Estate and Construction Law cases. Breach of Express Warranties - Los Angeles Real Estate Lawyer
https://www.baylor.edu/content/services/document.php/116813.pdf
(holding that to prevail on breach of express warranty claim, a buyer must establish the existence of a warranty, a breach of warranty, and damages proximately caused by the breach); Husky Spray Serv., Inc. v. Patzer, 471 N.W.2d 146, 150 (S.D. 1991) (holding the same).
https://www.jonathancooperlaw.com/library/how-to-prove-a-breach-of-express-warranty-claim-under-new-york-law.cfm
How To Prove a Breach of Express Warranty Claim Under New York Law. A breach of warranty claim, which is essentially a breach of contract theory, comes in two forms: breach of express warranty, and breach of implied warranty. In a breach of express warranty claim, the plaintiff contends that the defendant's product did not perform as advertised (or as indicated in their own product literature).
https://www.alllaw.com/articles/nolo/personal-injury/breach-of-warranty-defective-product-case.html
The "implied warranty of fitness" is another warranty imposed by law, implying that the product is proper for the consumer’s known, specific purposes. Let's take a closer look at each category of warranty. Express Warranties. An express warranty is created either by the sales contract or …
https://www.nexsenpruet.com/Long_Term_Express_Warranties
Apr 01, 2014 · Pay special attention to the improvement during that six-year timeframe - and remember, the clock starts after the vendor/contractor's last act or omission, or substantial completion of the improvement. If you think you have a valid breach of warranty claim, be sure to investigate further and file a complaint before the six-year statutory deadline.
https://gilmanlawllp.com/consumer-protection/breach-of-warranty-lawsuits/
Breach of Warranty Claims. A warranty is a promise that a product is as the seller has factually stated or legally implied, or a promise by the seller to repair or replace certain defects. Consumer Breach of Warranty lawsuits can include claims for: Breach of Express warranty: An express warranty is a seller’s stated guarantee that specifies ...
https://www.cozen.com/admin/files/publications/Floridas_Privity_Rule_2175354.pdf
farm supply dealer, but sued the manufacturer directly for, inter alia, breach of express warranty. The court gave effect not only to the express warranty but also to the written limitations and disclaimers, pursuant to the Uniform Commercial Code (UCC) as adopted in Chapters 671-679, Florida Statutes:
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