Arkansas Complaint for Breach of Warranty
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How to fill out Complaint For Breach Of Warranty?
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FAQ
A warranty is a seller's promise that a product sold to a buyer has a certain quality. If the product proves to be deficient in this quality as promised, the seller is legally liable for breach of warranty.
If the seller breaches a warranty to the buyers, the latter can take legal action to protect their rights or their business. U.S. laws governing warranties will help the plaintiff and their legal counsel determine what it is that a seller has agreed to sell the buyer.
Breach of warranty is defined as the violation of an express or implied contract of warranty, and thus it is a breach of contract. Essentially, it occurs when the warrantor fails to provide the assurance warranted. A seller can expressly or implicitly assure the buyer about the quality or title of an item sold.
(1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four (4) years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one year.
The simplest defense to a breach of warranty action is that there is no warranty. In order for statements by a seller to constitute an express warranty, they must become part of the benefit of the bargain.
A party that breaches a warranty is only responsible for the loss and damage that is foreseeable as a result of the breach. The damages for which a seller is liable is the amount necessary to compensate the purchaser for any loss resulting from the breach.
You can sue a company for breach of warranty, but remember that the burden of proof is on you, meaning you have to prove that the seller breached either an implied or express warranty.
For example, when trying to sell a washing machine, a salesperson might advise the consumer that a particular model makes no noise. If it turns out that the washing machine makes a noise, the consumer might be able to sue for breach of express warranty.