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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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