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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.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.
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://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.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.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.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://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://consumer.findlaw.com/consumer-transactions/what-are-express-and-implied-warranties.html
The two main types are express and implied warranties. An express warranty is one that is clearly stated (or "expressed") either verbally or in writing, while an implied warranty automatically covers most consumer goods valued over a certain amount, but only provides a base level of …
https://www.crowell.com/documents/DOCASSOCFKTYPE_ARTICLES_538.pdf
1. Breach of Contract/Warranty. Developers are liable for breach of contract or breach of any express warranty. In addition, a developer may be liable for breach of an implied warranty. The developer holds himself out to the public as being knowledgeable and qualified to manufacture buildings. Therefore,
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/1200/1230/
breach of express warranty. Such an action does not require that the plaintiff. purchase the vehicle from a retail seller.” (Dagher, supra, 238 Cal.App.4th at p. 928.) • “ ‘The determination as to whether a particular statement is an expression of.
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 ...
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:
https://lawshelf.com/courseware/entry/breach-of-warranty
Object Moved This document may be found here
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.consumer.ftc.gov/articles/0252-warranties
When you make a major purchase, the manufacturer or seller makes an important promise to stand behind the product. It's called a warranty. Federal law requires that warranties be available for you to read before you buy even when you're shopping by catalog or on the Internet.
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://bizfluent.com/info-7778651-breach-warranty-vs-breach-contract.html
If you sign a contract to buy something and it turns out be defective, you may be able to sue for breach of contract, breach of warranty or both. Although the two sound similar, there are legal differences in the meaning, the remedies and the statute of limitations involved if you take legal action against your ...
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