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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://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.
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 ...
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://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.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-are-express-and-implied-warranties.html
For example, a light bulb manufacturer prints the words "lasts 15,000 hours" on its packaging. The words "guaranteed" or "warranty" do not appear, but this claim nevertheless is an express warranty. Implied Warranties . Most consumer purchases are covered by an implied warranty of merchantability, which means it is guaranteed to work as claimed.
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://www.consumer.ftc.gov/articles/0252-warranties
Implied Warranties. Implied warranties are created by state law, and all states have them. Almost every purchase you make is covered by an implied warranty. The most common type of implied warranty—a "warranty of merchantability," means that the seller promises that the product will do what it is supposed to do.
https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter2-7.html
Breach of Warranty Cases in Small Claims Court. ... Implied Warranty. In most retail sales of consumer products, an implied warranty exists stating that the product is fit for the ordinary purposes for which it is used (for example, that a lawnmower will cut grass, a tire will …
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.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://consumer.findlaw.com/consumer-transactions/consumer-warranty-basics.html
Virtually all consumer product purchases come with an implied warranty of merchantability, meaning it is guranteed to work as claimed. For example, a cellular phone that is unable to receive calls is in breach of an implied warranty of merchantability since it was not fit for sale.
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://law.justia.com/cases/california/court-of-appeal/3d/101/903.html
Since the suit for breach of the implied warranty is essentially a contractual one, the trial court correctly ruled the agents could not be held liable on the breach of warranty because an agent is ordinarily not liable on the contract when he acts on behalf of a disclosed principal (see generally, 1 Witkin, Summary of Cal. Law (8th ed. 1973 ...
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
http://mycalifornialemonlaw.com/car-dealer-fraud/gonzalez-v-magic-auto-center-complaint/
Breach of Implied Warranty – Song-Beverly Consumer Warranty Act. 17. Plaintiff incorporates by reference the allegations in paragraphs 1 through 16. 18. Plaintiff’s purchase of the Lexus GS300 was accompanied by Magic Auto Center’s implied warranty of merchantability. 19.
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.lexisnexis.com/LegalNewsRoom/lexis-hub/b/free-downloads/posts/complaint-for-breach-of-insurance-contract
Sep 28, 2011 · 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 limited to the implied warranties of merchantability and fitness for a particular purpose, where permissible, and any and all liability arising directly or indirectly from any use whatsoever of the form agreement.
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