Tag Archives: breach

Damages and Disclaimers cont’d.

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Photo by Pixabay on Pexels.com

Here’s part two of my discussion of damages and disclaimers in cases involving claims that a warranty on a consumer product has been breached. (Part 1 is here.) Continue reading

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Warranty 101: Tug of War – The Origins of Warranty Law

For centuries, warranty law has been a back and forth between policies benefiting sellers and those protecting buyers. Current warranty law is a reflection of this. To better navigate today’s policies, an understanding of how history has dealt with warranty regulation is crucial. Continue reading

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Plain language to the rescue?

Knights in shining armour

Imagine if you will, you are the founder and CEO of ABC, Co., a small to midsize company that’s been sued for millions of dollars in a breach of contract action. Next imagine that, just before sending the jury out to deliberate, you heard the judge say to them:  “It is up to you to decide what ABC, Co.’s obligations were under the contract.”  Feeling queasy? Well, here’s the kicker:  your company wrote the contract.

Recently, a scenario just like this one played itself out in a Chicago courtroom. How’d it turn out, you ask? Read on. Continue reading

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Filed under Best Practices, Court Decisions