Tag Archives: limited warranty

Legal “Double Talk”: When is a warranty not a warranty?

Image result for double talkIn 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

Advertisements

Leave a comment

Filed under Warranty

Damages and Disclaimers cont’d.

pexels-photo-164527.jpeg

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

Leave a comment

Filed under Warranty

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

abundance bank bank notes bills

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

Leave a comment

Filed under Warranty

Whirlpool comes out smelling like a rose

whirlpool logo

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

Leave a comment

Filed under Court Decisions, Warranty

Read the warranty before crying foul

Suitcase

A recent LA Times piece unfairly accuses luggage maker Victorinox of not living up to its lifetime warranty. But if the article’s author, or the aggrieved customer had only bothered to read the warranty, they’d have found that the company did “no such thing.” Continue reading

Leave a comment

Filed under Customer Experience, Warranty

Case Note: Court puts the brakes on implied warranty claims

brake rotor

“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

Leave a comment

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