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
Filed under Warranty
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
Filed under Warranty
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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
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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
Filed under Warranty
Matthew Kelly
The Editors
Paul Wojcicki