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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://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter2-7.html
Breach of Warranty Cases in Small Claims Court Understand the different types of warranty claims that might apply to your defective product claim. In simplest terms, a warranty is a promise by the manufacturer or seller of a product that the product is of a certain quality or that they will repair the product for a stated period of time.
https://jenner.com/system/assets/publications/731/original/Ch_15_-_Breach_of_Warranty.pdf?1313777857
claim for breach of warranty are (1) the existence of an implied or express warranty, (2) that the goods did not comply with the warranty, and (3) that the failure to comply with the warranty caused an injury.
https://www.upcounsel.com/difference-between-breach-of-contract-and-breach-of-warranty
Breach of Warranty A warranty is a stipulation that a particular fact related to the subject of the contract is or will be as promised or stated. Warranties are meant to protect the recipient against loss, should the fact be or become untrue.
https://gilmanlawllp.com/consumer-protection/breach-of-warranty-lawsuits/
It also allows a consumer who has been the victim of a breach of warranty to bring individual claim, including a class action lawsuit, in state or federal court. In Breach of Warranty claims, proof of negligence is not a prerequisite for filing for a lawsuit. However, a buyer is required to notify the seller...
https://www.alllaw.com/articles/nolo/personal-injury/breach-of-warranty-defective-product-case.html
Breach of Warranty in a Defective Product Case Here's how a warranty (express or implied) can affect your defective or dangerous product injury case. By Coulter Boeschen In the context of a defective product case, a warranty is essentially a guarantee that a product will perform in a specific way or up to a certain standard.
https://bizfluent.com/info-7778651-breach-warranty-vs-breach-contract.html
In a breach of warranty case, the Uniform Commercial Code states, your damages are primarily the difference in value between the item you thought you were buying and what you actually received.
https://www.merlinusmonroe.com/2011/03/05/redacted-complaint-for-fraud-and-breach-of-warranties/
O.C.G.A. § 11-2-714(2) states that the damages for a breach of warranty “is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a …
https://www.primerus.com/files/PRI_2010ACC_ImportantLegalTopics_Defenses%20to%20Breach%20of%20Warranty%20Actions_FNLr1.pdf
rise to a cause of action for breach of warranty. Where the plaintiff has done nothing more than provide a formulaic recitation of the elements of a claim, without pleading the facts necessary to suggest that a warranty existed, the defendant should file a motion to dismiss the plaintiff’s complaint. Heisner v. Genzyme Corp., 2008 WL 2940811
http://www.moriarty.com/depuy_hip_recall/content/documents/DePuy/Complaints/100910usdc-txnd10cv01787complaint.pdf
Complaint - 14900 COUNT III (Breach of Implied Warranty of Merchantability) 22. The allegations contained in paragraphs 1 through 21 are repeated and realleged as if fully set forth herein. 23. At all relevant times, the Defendant was a merchant with respect to the device. 24. The device was defectively designed and manufactured, and was distributed and
https://www.uslegalforms.com/us/US-00761.htm
View Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product View Notice of Breach of Warranty of Fitness for a Particular Purpose All forms provided by U.S. Legal Forms, Inc.™, (USLF), the nations leading legal forms publisher. When you need a legal form, don't accept anything less than the USlegal™ brand.
https://www.lexisnexis.com/LegalNewsRoom/lexis-hub/b/free-downloads/posts/complaint-for-breach-of-insurance-contract
Sep 28, 2011 · Complaint for Breach of Insurance Contract. To view this free sample complaint, click the link below. Registration is required, but it’s free and easy! ... The forms on this site are provided without warranty of any kind, express or implied, and the author and publisher specifically disclaim any and all such warranties, including but not ...
https://www.krcomplexlit.com/wp-content/uploads/2016/04/Class-Action-Complaint.pdf
This Court also has jurisdiction over this action pursuant to 28 U.S.C. § 1331 because Plaintiff’s Magnuson-Moss Warranty Act, 15 U.S.C. § 2310, claim arises under a law of the United States. This Court has supplemental jurisdiction over the state law claims in this action pursuant to 28 U.S.C. § 1367.
https://www.justia.com/trials-litigation/docs/caci/3200/3210/
Justia - California Civil Jury Instructions (CACI) (2017) 3210. Breach of Implied Warranty of Merchantability - Essential Factual Elements - Free Legal Information - Laws, …
https://www.baylor.edu/content/services/document.php/116813.pdf
to a breach of warranty claim. It concludes that a disappointed buyer of goods possesses a breach of contract claim where goods have been rejected or revoked; where the seller fails to …
https://s3.amazonaws.com/s3.documentcloud.org/documents/2104771/irvine-vs-segue-complaint-2010-without-exhibits.pdf
) COMPLAINT FOR DAMAGES, BREACH Plaintiff, ) OF CONTRACT, BREACH OF EXPRESS ) WARRANTY, NEGLIGENCE; BREACH vs. l. OF WRITTEN CONTRACT BY TIDRD . PARTY BENEFICIARY; AND BREACH OF SEGUE CONSTRUCTION, INC., a California EXPRESS INDEMNITY corporation; and DOES 1 through 100, ) Defendants. ~ Unlimited Civil Case (over $25,000) ) …
http://thelemonlawcalifornia.com/wp-content/uploads/2013/09/Ducati-Complaint.pdf
COMPLAINT SECOND CAUSE OF ACTION Breach of Implied Warranty of Merchantability (Against All Defendants) 32. Plaintiff incorporates by reference the allegations in paragraphs 1 through 31. 33. Plaintiff’s purchase of the Motorcycle was accompanied by Ducati’s and PIM's implied warranty of merchantability. 34.
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.
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