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: Express Warranty
Legal “Double Talk”: When is a warranty not a warranty?
Filed under Warranty
Damages and Disclaimers cont’d.

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
Filed under Warranty
The Redefinition of Warranty
Originally defined as a moral obligation, warranty has evolved into a powerful tool for enhancing the customer experience, which in turn drives sales. Continue reading
Filed under Best Practices, Warranty
Whirlpool comes out smelling like a rose
Yesterday, a federal jury in Cleveland ruled for Whirlpool Corp. in a warranty-based class action involving allegedly defective front-loading washing machines. As discussed in an earlier post, the case had been up and down to the Supreme Court, and given the Court’s recent class action rulings, that was it was allowed to proceed to trial was rather unexpected. Continue reading
Filed under Court Decisions, Warranty
Odds and ends in the world of warranty
Some interesting notes about the goings on in the warranty business. Continue reading
Filed under Customer Experience, Service Contract, Warranty
Case Note: Court puts the brakes on implied warranty claims
“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
Are warranties withering? Will service contracts surge?
Warranties are withering, claims an Arizona State marketing professor. This, he says, bodes well for service contract industry profits, but not for consumers.
But in many product sectors warranty is expanding and recent studies show that consumers believe that service contracts deliver value. Continue reading
Filed under Customer Experience, Risk Management, Service Contract, Warranty
Three cheers for plain language
Commenting on An Orwellian approach to legal writing, 3 readers share insights and experiences recommending plain language. Here’s a sampling of what they have to say:
“My crime briefs ‘read like a thriller,’” says Bapoo M. Malcolm, Advocate, Bombay High Court, India.
“Practice has shown that people appreciate simplicity & clarity in comprehension compared to more technical writing (jargons & all),” observes Janice Isu, Acting Principal Legal Officer, Office of the State Solicitor, Dept. of Justice & Attorney General, Papua New Guinea.
“A company can’t hide behind fine print written in legalese. Judges rule for the average person,” declares Paul Eveleigh, a copywriter from Melbourne, Australia.
There’s more. Continue reading