Nebraska Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product

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US-01478BG
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The Uniform Commercial Code (UCC) is a model statute covering things such as the sale of goods, bank transactions, warranties, loans secured by personal property and certain other commercial matters. All states have adopted and adapted the entire UCC, with the exception of Louisiana, which only adopted parts of it. Uniform Commercial Code ?§ 2-315 provides that where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified an implied warranty that the goods shall be fit for such purpose.

Nebraska Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product is a legal document that serves as a legal recourse for consumers in Nebraska who have experienced a breach of warranty regarding the fitness of a particular product they have purchased. This type of complaint enables consumers to seek compensation or remedy for the damages or losses they have incurred as a result of relying on the product's fitness for a specific purpose. Keywords: Nebraska, complaint, breach of warranty, fitness for a particular purpose, sale of product. Types of Nebraska Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product: 1. Express Warranty Breach: In this type of complaint, the plaintiff alleges that the seller or manufacturer made explicit statements promising that the product is suitable for a particular purpose, but the product did not perform as expected. The complaint typically contains evidence such as marketing materials, product descriptions, or verbal assurances to support the claim. 2. Implied Warranty of Fitness Breach: This type of complaint involves situations where the plaintiff argues that there was an implied warranty of fitness for a particular purpose, even if it was not expressed explicitly. The plaintiff must demonstrate that the seller or manufacturer had reason to know the specific purpose for which the product was purchased and that the product failed to meet those expectations. 3. Magnuson-Moss Warranty Act Violation: The Magnuson-Moss Warranty Act is a federal law that governs warranties for consumer products. This type of complaint highlights any violations of this act's provisions, such as misleading warranty statements, unfair or deceptive practices regarding warranty terms, or unjust denial of warranty claims. In Nebraska, consumers can file a complaint alleging a breach of warranty of fitness for a particular purpose under the Magnuson-Moss Warranty Act. 4. Negligence in Product Design/Misrepresentation: In some cases, plaintiffs may allege that the product's design or misrepresentations by the seller or manufacturer led to a breach of the warranty of fitness for a particular purpose. This type of complaint may focus on design flaws, false advertising claims, or intentional misrepresentation of the product's capabilities. Regardless of the specific type, a Nebraska Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product serves as a legal tool for consumers seeking compensation or remedy due to a breached warranty, asserting their rights to fair and reliable products in the marketplace.

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  • Preview Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product
  • Preview Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product
  • Preview Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product

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Under the Uniform Commercial Code (UCC), the implied warranty of fitness for a particular purpose arises where, at the time of contracting, the seller has reason to know the particular purpose for which the buyer is purchasing the goods and that the buyer is relying on the seller's skill or judgment to suitable goods.

An implied warranty of fitness for a particular purpose occurs if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer. The seller then guarantees that the item is fit for that particular purpose.

Additionally, a seller can disclaim all implied warranties by expressions like "as is," "with all faults," or other language which makes it clear to the buyer that there are no implied warranties.

The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow.

An implied warranty of fitness for a particular purpose is presumed whenever the seller (the seller need not be a merchant for it to apply) has a reason to know that the buyer has a particular use for the goods and they are relying on the seller's skill to select suitable goods.

In the event that the product subject to the implied warranty of fitness is unsatisfactory for the buyer's expressed purpose, the seller may be liable for breach of warranty and subject to damages.

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall ...

The Services provided by Vendor shall be of first quality and shall conform to the specifications herein. Where Vendor has reason to know or knows any particular purpose for which the Services are required, there is a warranty that the Services shall be fit for such purpose.

An implied warranty of fitness for a particular purpose is presumed whenever the seller (the seller need not be a merchant for it to apply) has a reason to know that the buyer has a particular use for the goods and they are relying on the seller's skill to select suitable goods.

For example, if a consumer tells the salesperson at the hardware store that he needs a tool that drills metal, and the salesperson recommends a particular tool that does not drill metal, the implied warranty of fitness will have been breached.

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Buyer informed Seller at the time of the sale of the particular purpose for which she ... 1 In order for the implied warranty of fitness for a particular purpose ... Make use of the Search field on top of the page if you want to look for another document. Click Buy Now and select a preferred pricing plan. Create an account ...Key to a claim for breach of the implied warranty of fitness for a particular purpose is a showing that (a) the seller had reason to know the buyer's purpose ... by RD Brain · 2020 · Cited by 2 — (2) Goods to be merchantable must be at least such as. (a) pass without objection in the trade under the contract description; and. (b) in the ... Dec 14, 2021 — If express or implied warranties prove to be false and products do not measure up in quality or fitness for purpose, the buyer of the product is ... In order for one to recover for a breach of an implied warranty of fitness under this section, the purchaser must prove that (1) the seller had reason to know ... by J Lingwall · 2022 — The store has breached an implied warranty of fitness for particular purpose. Note the distinction between “particular” and “ordinary” purposes. Paint ... by WJ Schrank · 1984 — 315,90 an implied warranty of fitness for a particular purpose arises where the seller has reason to know the particular purpose for which the goods are ... Jan 3, 2020 — The complaint alleged that Amazon.com breached an express warranty, and implied warranties of merchantability and fitness. Filing 1 at 5-6. Feb 4, 2014 — The comments to the instruction show that it deals with only the implied warranty of fitness for a particular purpose under Neb. ... the sale of ...

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Nebraska Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product