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https://www.justia.com/products-liability/types-of-products-liability-claims/breach-of-warranty/
Federal and state laws cover product warranties and what a plaintiff must prove in order to recover in a product liability lawsuit arising out of a breach of warranty. There are three kinds of warranties: express, implied warranty of merchantability, and implied warranty of fitness.
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.
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.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://jenner.com/system/assets/publications/731/original/Ch_15_-_Breach_of_Warranty.pdf?1313777857
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
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://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://legal-dictionary.thefreedictionary.com/Warranty+of+merchantability
Implied Warranty of Merchantability. Implied warranties come in two general types: merchantability and fitness. An implied warranty of merchantability is an unwritten and unspoken guarantee to the buyer that goods purchased conform to ordinary standards of care and that they are of the same average grade, quality, and value as similar goods ...
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://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 ...
http://nevadalaw.info/the-elements-for-a-claim-of-breach-of-implied-warranty-of-merchantability/
Jul 23, 2015 · This article explains the legal elements necessary to prove a claim or cause of action for breach of implied warranty of merchantability. This article explains the legal elements necessary to prove a claim or cause of action for breach of implied warranty of merchantability. Nevada Law Blog.
https://law.justia.com/codes/connecticut/2005/title42a/sec42a-2-314.html
Implied warranty: merchantability; usage of trade. Sec. 42a-2-314. Implied warranty: merchantability; usage of trade. (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://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 ...
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.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://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 …
https://caselaw.findlaw.com/ga-court-of-appeals/1391776.html
Mar 17, 2005 · ] The Act defines “implied warranty” as “an implied warranty arising under State law ․ in connection with the sale by a supplier of a consumer product.” [15 USC § 2301(7). ] To recover, therefore, [the Crowes] must show that [CarMax] breached the implied warranty of merchantability arising under Georgia law.
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
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