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https://www.justia.com/products-liability/types-of-products-liability-claims/breach-of-warranty/
There are three kinds of warranties: express, implied warranty of merchantability, and implied warranty of fitness. 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.
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 ...
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://consumer.findlaw.com/consumer-transactions/what-is-the-warranty-of-merchantability.html
What the Warranty of Merchantability Guarantees. An implied warranty for merchantability guarantees that a product will work as expected. If your oven can't maintain a stable temperature, it can't be relied upon to work properly and has violated the implied warranty of merchantability.
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.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. of an implied warranty.” To establish this claim, [name of plaintiff] must.
https://legal-dictionary.thefreedictionary.com/Warranty+of+merchantability
Thomas Coffer sued the manufacturer of a jar of mixed nuts after he bit down on an unshelled filbert, believing it to have been shelled, and damaged a tooth. Coffer argued in part that the presence of the unshelled nut among shelled nuts was a breach of the implied warranty of merchantability.
https://www.uslegalforms.com/forms/us-01478bg/complaint-for-breach-of-warranty-of-fitness-for-a
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; View Notice of Breach of Warranty of Fitness for a ...
https://www.uslegalforms.com/us/US-CMP-10039.htm
Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood. ... View Complaint for Breach of Warranty; ... Breach of Warranty, Motor Vehicle Warranty Act, and Magnuson Moss Act, Punitive Damages ...
https://content.next.westlaw.com/Document/I0f444405be3011d9b41d976c12dc74e6/View/FullText.html?contextData=(sc.Default)
View on Westlaw or start a FREE TRIAL today, § 2:695.Complaint—Breach of implied warranty of merchantability and warranty of fitness for particular purpose, Secondary Sources
https://www.alllaw.com/articles/nolo/personal-injury/breach-of-warranty-defective-product-case.html
The "implied warranty of merchantability" is a warranty imposed by law, where it can be reasonably assumed that the product satisfies general standards of quality for that type of product. The "implied warranty of fitness" is another warranty imposed by law, implying that the product is proper for the consumer’s known, specific purposes.
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://www.baylor.edu/content/services/document.php/116813.pdf
Distinguishing Article 2 Breach of Warranty and Breach ... 314 sets forth the requirements that must be met in order for the warranty of merchantability to be implied into a sales transaction.7 It also describes the circumstances under which such a warranty is breached.8 In a transaction
https://www.lalitigationlawyers.com/breach-of-implied-warranties.html
Breach of Implied Warranties Various types of implied warranty claims can arise in the real property, redevelopment and construction defect litigation. The real estate and construction defect litigators at Mark Anchor Albert and Associates know how to best achieve successful resolutions of …
https://gilmanlawllp.com/consumer-protection/breach-of-warranty-lawsuits/
Breach of Express warranty: An express warranty is a seller’s stated guarantee that specifies the extent to which the quality or performance of the product is assured. The warranty may also state the conditions under which the product can be returned, replaced or repaired. Implied warranty of merchantability: An implied warranty of ...
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.law.cornell.edu/ucc/2/2-314
Implied Warranty: Merchantability; Usage of Trade. (1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchantwith respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises ...
https://www.newsomelaw.com/for-referring-attorneys/warranty-theories/
This element, a warranty as described in F.S. § 672.313, encompasses the notion that the warranty must have been part of the “basis of the bargain.” 3 A common defense to a cause of action for breach of express warranty is that, although a warranty may have been made, the buyer did not rely on the statement made by the defendant as part of ...Founder: C. Rich Newsome Esq., Frank Melton
https://library.nclc.org/sites/default/files/Warr_Appx_J-2-2.pdf
J.2.2 Sample Complaint for Damages for Breach of Implied Warranty of Merchantability 1. Seller is a merchant with respect to [type of goods].12. On or about [date], Buyer purchased [identify the …
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