West Virginia 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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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.

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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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FAQ

Individuals with questions about a complaint, or in need further assistance, are encouraged to contact the Attorney General's Office by calling our Consumer Hotline at 1-800-368-8808.

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.

§61-3A-3. ? Upon a first shoplifting conviction: (1) When the value of the merchandise is less than or equal to $500, the person is guilty of a misdemeanor and, shall be fined not more than $250.

What is the statute of limitations for a consumer protection claim in your jurisdiction? The statute of limitations is four years under the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-5-101).

Virginia Consumer Protection Act ? The Virginia Consumer Protection Act of 1977 was created to ?promote fair and ethical standards of dealing between suppliers and the consuming public.? Virginia Automobile Repairs Facilities Act - provides protections for consumers considering having repair work done on their vehicle.

A warranty of fitness is a type of warranty that asserts that the goods are suitable for the special purpose of the buyer, and such warranty will not be satisfied by mere fitness for general purposes.

The West Virginia Consumers Credit and Protection Act requires every person engaging in this State in making consumer credit sales or consumer loans and every person having an office or a place of business in this State who takes assignments of and undertakes direct collection of payments from or enforcement or rights ...

"A warranty is 'implied' where, from the circumstances sur- rounding the parties at the time of the sale or from the nature of the thing sold, the law assumes it to be just that the buyer should be protected, in addition to the contract of sale, by a further im- plied contract or guaranty on the part of the vendor, and ...

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