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

State:
Multi-State
Control #:
US-01478BG
Format:
Word; 
Rich Text
Instant download

Description

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.

In New Jersey, a Complaint for Breach of Warranty of Fitness for a Particular Purpose in the Sale of a Product is a legal claim that can be filed by a consumer who purchased a product with the expectation that it would serve a specific purpose, but the product failed to meet that purpose. This complaint is typically brought against the seller, manufacturer, or distributor of the product. When filing a Complaint for Breach of Warranty of Fitness for a Particular Purpose in New Jersey, it is important to include the following information: 1. Plaintiff's Information: Include the name, address, and contact information of the person filing the complaint (the plaintiff). 2. Defendant's Information: Provide the name, address, and contact information of the party being sued (the defendant), such as the seller, manufacturer, or distributor. 3. Explanation of the Situation: Clearly describe the product in question, including its make, model, and any relevant serial numbers. Explain the purpose for which the product was purchased and how it failed to meet that purpose. 4. Warranty Details: Include the terms of the warranty provided by the defendant, if any, and how it was represented to the plaintiff. Specify any written warranties or guarantees that were given, as well as any oral statements made by the defendant regarding the fitness of the product for a particular purpose. 5. Breach of Warranty: Explain how the defendant breached the warranty of fitness for a particular purpose. This can include instances where the product did not perform as represented or failed to meet the expectations set forth by the plaintiff. 6. Damages: Outline the damages suffered by the plaintiff as a result of the product's failure to meet its intended purpose. This can include financial losses, physical injuries, property damage, or any other negative consequences experienced due to the product's failure. Types of New Jersey Complaints for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product may include: 1. Individual Consumer Complaint: This is the most common type of complaint filed by an individual consumer who purchased a product for personal use and suffered damages when the product failed to fulfill its intended purpose. 2. Class Action Lawsuit: In some cases, multiple consumers who have experienced similar issues with the same product may join forces and file a class action lawsuit against the seller, manufacturer, or distributor. This allows for a collective legal action on behalf of a larger group of affected consumers. 3. Commercial Complaint: If a business or organization purchased a product for a specific purpose, and it failed to meet that purpose, a commercial complaint can be filed against the party responsible for the product's sale, seeking compensation for any resulting damages. In summary, a Complaint for Breach of Warranty of Fitness for a Particular Purpose in the Sale of a Product in New Jersey allows consumers or businesses to seek legal remedies when a purchased product fails to fulfill its intended purpose as represented by the seller, manufacturer, or distributor.

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

How to fill out Complaint For Breach Of Warranty Of Fitness For A Particular Purpose In Sale Of Product?

US Legal Forms - among the greatest libraries of legitimate types in the United States - delivers an array of legitimate file web templates you are able to down load or printing. While using site, you can find a huge number of types for organization and person uses, sorted by categories, suggests, or keywords.You will discover the most recent versions of types such as the New Jersey Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product within minutes.

If you already possess a subscription, log in and down load New Jersey Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product from the US Legal Forms library. The Obtain key can look on each and every type you view. You have access to all previously delivered electronically types from the My Forms tab of your bank account.

If you want to use US Legal Forms the very first time, allow me to share basic recommendations to help you started:

  • Be sure you have selected the proper type for the metropolis/county. Click the Preview key to check the form`s content. Look at the type information to ensure that you have selected the appropriate type.
  • If the type doesn`t match your demands, utilize the Look for area at the top of the display to get the one which does.
  • In case you are pleased with the form, confirm your choice by clicking the Acquire now key. Then, pick the costs plan you prefer and give your references to sign up for an bank account.
  • Approach the transaction. Use your bank card or PayPal bank account to finish the transaction.
  • Pick the structure and down load the form on your system.
  • Make adjustments. Load, edit and printing and signal the delivered electronically New Jersey Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product.

Each and every design you included with your money lacks an expiry day and is yours for a long time. So, if you would like down load or printing yet another copy, just check out the My Forms segment and click in the type you require.

Obtain access to the New Jersey Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product with US Legal Forms, one of the most extensive library of legitimate file web templates. Use a huge number of expert and status-certain web templates that satisfy your company or person requirements and demands.

Form popularity

FAQ

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.

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 ...

To prove a New Jersey breach of implied warranty of merchantability claim, the consumer must prove: The consumer purchased goods as defined by the Uniform Commercial Code. The merchant selling the goods was a merchant with respect to goods of that kind.

A contract is a legally enforceable promise, either made in writing or orally. Breach of contract occurs when one or more parties to a contract break that promise by failing to perform or fulfill any term of the contract without a legitimate legal excuse.

In every contract of sale there is implied a warranty of good title ? that is, that the seller of the goods is the proper owner of the goods and has the right to pass title to a purchaser - unless such warranty is specifically excluded by the language or circumstances of the agreement.

Residential leases carry an ?implied warranty of habitability.? This means that a landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities.

Breach of warranty is defined as the violation of an express or implied contract of warranty, and thus it is a breach of contract. Essentially, it occurs when the warrantor fails to provide the assurance warranted. A seller can expressly or implicitly assure the buyer about the quality or title of an item sold.

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.

Interesting Questions

More info

To prove a New Jersey breach of implied warranty of fitness for a particular purpose claim, the consumer must prove: The buyer purchased goods as defined by the ... 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 ...by RD Brain · 2020 · Cited by 2 — 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 ... It provides certain rights to buyers and imposes certain obligations on sellers including warranty coverage as well as certain rights to buyers to reject goods. Aug 27, 2019 — (third count); breach of the implied warranty of fitness for a particular purpose ... and breach of warranty claims, but New Jersey only allows ... 895 ; "Breach of warranty was not shown by proof that the product was of poor ... the Sales Act, a warranty of fitness for the particular purpose.189. Even on ... by CW CORMAN · Cited by 28 — The implied sales warranty of fitness for particular purpose first developed in Anglo-American jurisprudence in the early nineteenth. Apr 5, 2010 — A seller complies with the obligations imposed by the implied warranty of fitness if the goods satisfy a buyer's particular purpose.17. Thus the. As a result of the circumstances of the sale, an implied warranty arose that the goods were fit for Buyer's purposes. 6. The goods were not fit for Buyer's ... When the buyer makes the purchase without relying on the seller's skill and judgment, no warranty of fitness for a particular purpose arises. Additional implied ...

Trusted and secure by over 3 million people of the world’s leading companies

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