Bexar Texas Complaint against Vendor of Computer System by Purchaser for Fraud and Misrepresentation, Breach of Contract, Breach of Implied Warranty of Merchantability, Breach of Implied Warranty of Fitness
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How to fill out Complaint Against Vendor Of Computer System By Purchaser For Fraud And Misrepresentation, Breach Of Contract, Breach Of Implied Warranty Of Merchantability, Breach Of Implied Warranty Of Fitness?
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FAQ
A breach of a warranty entitles an injured party to claim damages only. Unless specifically agreed, it does not entitle a party to terminate a contract. In this way a warranty is to distinguished from a condition, but that is the subject of another article.
The elements of a breach of implied warranty of merchantability are that goods sold were unreasonably dangerous for use to which they would ordinarily be put or for some other reasonably foreseeable purpose.
In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary use. For example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to.
The simplest defense to a breach of warranty action is that there is no warranty. In order for statements by a seller to constitute an express warranty, they must become part of the benefit of the bargain.
(1) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated.
Where the seller breaches a warranty (see Question 8), the buyer can choose between the following remedies: Accept or keep the goods and request a price reduction. Accept or keep the goods and claim damages. Refuse to accept the goods and bring an action against the seller for damages.
Breach of warranty is the violation of an express or implied contract of warranty, and thus it is a breach of contract. In other words, 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.
Where the seller has broken a contract to deliver specific or ascertained goods, a court may, on the application of the buyer, direct that the contract shall be performed specifically, without giving the seller the option of retaining the goods on payment of damages.
Where the seller breaches a warranty (see Question 8), the buyer can choose between the following remedies: Accept or keep the goods and request a price reduction. Accept or keep the goods and claim damages. Refuse to accept the goods and bring an action against the seller for damages.
As a default, the remedies for a breach of a warranty are indemnification, termination (requires a material breach) or proportionate reduction of the purchase price. The purchase agreement usually will limit the remedy for breaches to indemnification.