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https://www.justia.com/products-liability/types-of-products-liability-claims/breach-of-warranty/
Implied Warranty of Merchantability An implied warranty of merchantability is a guarantee that the product does not have design defects, manufacturing defects, or improper labels. A manufacturer or seller, in holding out a product for sale, makes an implied promise that the product is fit for the purposes for which that product or similar products are sold.
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.justia.com/trials-litigation/docs/caci/3200/3210/
• “[Defendant] suggests ‘the implied warranty of merchantability can be breached only if the vehicle manifests a defect that is so basic it renders the vehicle unfit …
https://consumer.findlaw.com/consumer-transactions/what-is-the-warranty-of-merchantability.html
For the implied warranty of merchantability to be violated, the product must fail to work as it's normally used. Most disagreements revolve around whether the use of a product matched its “intended purpose” or "ordinary use."
https://law.justia.com/codes/connecticut/2005/title42a/sec42a-2-314.html
Implied warranty: merchantability; usage of trade. Sec. 42a-2-314. (1) Unless excluded or modified as provided by section 42a-2-316, a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.
https://jenner.com/system/assets/publications/731/original/Ch_15_-_Breach_of_Warranty.pdf?1313777857
e. An economic loss or personal injury occurred as a result of the breach of warranty. 2. [15.5] Breach of the Implied Warranty of Merchantability. The first implied warranty provided by the Uniform Commercial Code is the implied warranty of merchantability. This warranty provides that any seller who is a merchant selling
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.primerus.com/files/PRI_2010ACC_ImportantLegalTopics_Defenses%20to%20Breach%20of%20Warranty%20Actions_FNLr1.pdf
When the plaintiff is suing for breach of the implied warranty of merchantability, the defendant can try to argue that the defendant was not a merchant (as defined by 810 ILCS 5/2-104(1)) or that the goods were of merchantable quality. If the suit is based on an alleged breach of the implied warranty of fitness for a particular purpose, the
https://legal-dictionary.thefreedictionary.com/Warranty+of+merchantability
The policy behind the implied warranty of merchantability is basic: sellers are generally better suited than buyers to determine whether a product will perform properly. Holding the seller liable for a product that is not fit for its ordinary purpose shifts the costs of nonperformance from the buyer to the seller.
https://www.alllaw.com/articles/nolo/personal-injury/breach-of-warranty-defective-product-case.html
The "implied warranty of merchantability" as applied to consumer products is essentially a guarantee that the product is not defective or mislabeled. This means that the product is fit for the general purposes for which it and similar products are sold, and that the product matches any promises or factual descriptions on the packaging.
https://www.newsomelaw.com/for-referring-attorneys/warranty-theories/
Elements of a Cause of Action for Breach of an Implied Warranty of Merchantability. To state a cause of action for breach either the implied warranty of merchantability, the plaintiff must allege the following elements: 1. A sale of goods. 2. Privity between Plaintiff and Defendant. 3.Founder: C. Rich Newsome Esq., Frank Melton
http://thelemonlawcalifornia.com/wp-content/uploads/2013/09/Ducati-Complaint.pdf
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. The implied warranty of merchantability means and includes that the
https://www.merlinusmonroe.com/2011/03/05/redacted-complaint-for-fraud-and-breach-of-warranties/
According to O.C.G.A. § 11-2-275(1), “[a] n action for breach of any warranty of any contract for sale must be commenced within four years after the cause of action has accrued.” That Code Section goes on to state that the breach occurs when tender of delivery is made.”
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://consumer.findlaw.com/consumer-transactions/what-is-an-implied-warranty-.html
There are two main kinds of implied warranties, which are discussed in greater detail below. See "Product Warranties and Returns" for more information. Implied Warranty of Merchantability . Just about every consumer product purchase comes with an implied warranty of merchantability, which means it is guaranteed to work if used for its intended ...
https://www.esqnj.com/breach-of-warranty.html
An implied warranty is imposed by the law to protect consumers when products do not work the way they are supposed to, even if there is no express warranty. New Jersey's Uniform Commercial Code provides several implied warranties. The first is the implied warranty of merchantability. This implied warranty requires that a product be reasonably ...
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 implied warranty …
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