In Grosse Pointe Law Firm, PC v. Jaguar Land Rover North America, LLC, 2016 WL 5266724 (Mich. App.2016), the Michigan Court of Appeals joined courts from several other jurisdictions in holding that a written “repair or replace warranty” (“RRW”) is not a “warranty” as defined under of § 2-313(1) of the Uniform Commercial Code (“UCC or “the Code”). See, e.g., Mydlach v. DaimlerChrysler Corp., 226 Ill.2d 307 (2007). Warrantors should take heed. Continue reading
Tag Archives: damages
Legal “Double Talk”: When is a warranty not a warranty?
Filed under Warranty
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
Filed under Warranty
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
Filed under Warranty
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
Filed under Warranty
Plain language to the rescue?
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
Filed under Best Practices, Court Decisions
Matthew Kelly
The Editors
Paul Wojcicki