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
Tag Archives: incidental
Damages and Disclaimers, the Finale
Filed under Warranty
Tagged as §2-719, consequential, courts, damages, incidental, indiana supreme court, Magnuson-Moss, promise, remedy, U.C.C., ucc, warranty, wojcicki
Damages And Disclaimers in Actions for Breach of a “Repair or Replacement” Warranty

Photo by Pixabay on Pexels.com
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 →
Share this:
- Click to share on Facebook (Opens in new window)
- Click to share on LinkedIn (Opens in new window)
- Click to share on Twitter (Opens in new window)
- Click to share on Pinterest (Opens in new window)
- Click to share on Reddit (Opens in new window)
- Click to share on Tumblr (Opens in new window)
- Click to email this to a friend (Opens in new window)
- Click to print (Opens in new window)
Filed under Warranty
Tagged as acceptance, automobiles, benefit of the bargain, congress, consequential, consumer protection, damages, delivery, difference in value, disclaimer, dispute resolution, economic harm, express limited warranty, Express Warranty, household, incidental, limited warranty, Magnuson-Moss, monetary, money, motor homes, repair, repair-and-replacement, replacement, RV, the code, U.C.C., ucc, uniform commercial code