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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.
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://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
That means sales of consumer goods that work perfectly fine, just not for the customer's planned and stated use, may breach an implied warranty of fitness. The warranty usually is implied through the salesperson's assurance or recommendation of an item for a specific purpose. Items Sold 'As Is'
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.lalitigationlawyers.com/breach-of-implied-warranties.html
Call 213-699-1355 - Mark Anchor Albert and Associates is dedicated to serving our clients with a range of legal services including Real Estate and Construction Law cases. Breach of Implied Warranties - Los Angeles Real Estate Lawyer
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.esqnj.com/breach-of-warranty.html
An implied warranty of fitness for a particular purpose is similar, but the focus is on the consumer, not the merchant. Under this warranty, New Jersey Law requires that the product sold must be fit for the buyer's purpose, if the seller knew or reasonably should have known what the buyer's purpose was.
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://www.newsomelaw.com/for-referring-attorneys/warranty-theories/
Elements of a Cause of Action for Breach of an Implied Warranty of Fitness for a Particular Purpose. The elements of a cause of action for breach of the implied warranty of fitness for a particular purpose are very similar to the elements for breach of an implied warranty of merchantability. They are: …Founder: C. Rich Newsome Esq., Frank Melton
https://legal-dictionary.thefreedictionary.com/Warranty+of+merchantability
Implied Warranty of Fitness. When a buyer wishes to use goods for a particular, nonordinary purpose, the UCC provides a distinct implied warranty of fitness (§ 2-315). Unlike the implied warranty of merchantability, the implied warranty of fitness does not contain a requirement that the seller be a merchant with respect to the goods sold.
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://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.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.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.cozen.com/admin/files/publications/Floridas_Privity_Rule_2175354.pdf
under an implied warranty theory: A third line of cases allowed an ultimate purchaser to sue a manufacturer for damages for breach of implied warranty of fitness for a particular purpose when there was only economic loss and no privity. Manheim v. Ford Motor Co., 201 So.2d 440 (Fla.1967); Chrysler Corp. v. Miller, 310 So.2d 356 (Fla. 3d DCA
https://floridalitigationguide.com/breach-09-breach-of-implied-warranty/
The Florida Litigation Guide Provides Everything A Lawyer Needs To Know About Breach: 09. Breach of Implied Warranty Including The Elements, The Citations To The Most Recent State And Federal Court Cases Citing The Cause Of Action, The Statute Of Limitations, …
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. The Forms Professionals Trust! ™ ... View Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product;
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