Tag Archives: ucc

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, the Finale

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

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