Tag Archives: damages

Damages and Disclaimers, the Finale

Here is the third and final post in my series on damages and disclaimers in consumer product warranty actions. (Parts 1 and 2 are here and here.) Continue reading

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Damages and Disclaimers cont’d.

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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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Damages And Disclaimers in Actions for Breach of a “Repair or Replacement” Warranty

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How should damages be measured in an action for breach of repair-and-replacement warranty? And what elements of damages should available? I recently ran across a piece I wrote addressing these questions in 2005. Remarkably – or, perhaps, not so remarkably given the pace at which the law evolves – it remains relevant; so I thought I’d put it out there for comment.  Continue reading

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Plain language to the rescue?

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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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