Washington Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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How to fill out Complaint Regarding Strict Product Liability - Breach Of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood?
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FAQ
Guaranteed to Work for Its Intended Purpose For the implied warranty of merchantability to be violated, the product must fail to work as it's normally used.
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.
As used in this chapter: (a) "Implied warranty of merchantability" or "implied warranty that goods are merchantable" means that the consumer goods meet each of the following: (1) Pass without objection in the trade under the contract description. (2) Are fit for the ordinary purposes for which such goods are used.
The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.
(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 case of fungible goods, are of fair aver- age quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the ...
Possible Defenses in Breach of Warranty Cases Lack of privity (the parties had no contractual obligation to one another) Lack of warranty (there was no warranty) The buyer misused the product. The buyer failed to comply with the conditions set out in the warranty.
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.
If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability. Even if there is no promise made regarding the effectiveness or durability of the product, you, as a consumer, have the right to expect the products you purchase to work.