Arkansas Complaint against Vendor of Computer System by Purchaser for Fraud and Misrepresentation, Breach of Contract, Breach of Implied Warranty of Merchantability, Breach of Implied Warranty of Fitness
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How to fill out Complaint Against Vendor Of Computer System By Purchaser For Fraud And Misrepresentation, Breach Of Contract, Breach Of Implied Warranty Of Merchantability, Breach Of Implied Warranty Of Fitness?
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FAQ
The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.
To prove breach of the implied warranty of fitness for a particular purpose, the plaintiff must generally show that: The plaintiff purchased the product from the seller. At the time of purchase, the seller knew or had reason to know that the plaintiff intended to use the product for a particular purpose.
Possible Defenses in Breach of Warranty Cases Lack of privity (the parties had no contractual obligation to one another) Lack of warranty (there was no warranty) The buyer misused the product. The buyer failed to comply with the conditions set out in the warranty.
For example, fruit that looks fresh but has hidden defects would violate the implied warranty of merchantability. All the food in a grocery store has an implied warranty as consumers assume it is fresh and edible?which is why they get a refund if it is not.
For example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to. If the first time you swing the club, the head falls off, then the implied warranty of merchantability has been breached.
To be merchantable, goods must be fit for their ordinary purpose and pass without objection in the trade under the description; see U.C.C. § 2-314.
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Act requires warrantors of consumer products to provide consumers with detailed information about warranty coverage.
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.