Tag Archives: express limited warranty

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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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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Case Note: Court puts the brakes on implied warranty claims

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“Merchantability” is one of those legal terms-of-art that defies precise definition. Courts ruling on implied warranty of merchantability claims generally frame the question as whether the product was “reasonably fit for its intended purpose.” But what any given jury will find to be “reasonable” is anyone’s guess. So better for the defendant that the case never get to the jury. I think Chrysler might agree. Continue reading

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Filed under Court Decisions, Resolving Disputes, Statutes & Regulations, Warranty