The Uniform Commercial Code (UCC) is a model statute covering things such as the sale of goods, bank transactions, warranties, loans secured by personal property and certain other commercial matters. All states have adopted and adapted the entire UCC, with the exception of Louisiana, which only adopted parts of it. Uniform Commercial Code ?§ 2-315 provides that where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified an implied warranty that the goods shall be fit for such purpose.
Arkansas Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product
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US-01478BG
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How to fill out Complaint For Breach Of Warranty Of Fitness For A Particular Purpose In Sale Of Product?
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FAQ
An implied warranty of fitness arises under the Uniform Commercial Code §2-315 when a buyer requests something for a particular purpose, and the seller then supplies a product for that purpose.
The simplest defense is to show that no warranty exists, whether it's an oral or implied warranty. If the seller made comments about the product, the defense can claim that it was mere ?puffery? and not a promise. Another defense is that the buyer misused or failed to comply with the provisions of the warranty.
If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability. Even if there is no promise made regarding the effectiveness or durability of the product, you, as a consumer, have the right to expect the products you purchase to work.
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.
In breach of warranty cases, the buyer may seek remedies such as repair or replacement of the defective product, compensation for diminished value, or reimbursement for incidental and consequential damages.
When a warranty is breached, it gives rise to a claim for breach of contract, and this means that the party claiming there's been a breach has to prove their loss. If proven, the party who has breached the warranty is only responsible for the loss and damage that's foreseeable as a direct result of the breach.
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.
