Arizona Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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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.
If the seller breaches an express warranty, the buyer can file a claim or lawsuit against the seller for breach of contract. Elements in an express warranty case may include: The plaintiff purchased a product. The defendant gave an express warranty by way of a description of the product, a promise, or a fact.
Stat. § 47-2313(A). To prevail on a claim for breach of express warranty, the plaintiff must show that a warranty existed, the warrantor failed to perform pursuant to the express warranty, and the plaintiff suffered damages as a result.
In the event of a breach of a warranty, the aggrieved party is entitled to damages, alternatively financial compensation for the loss of value. Their amount is often determined based on business valuation from the buy-side perspective.
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.
Since Tuttle v. Raymond, many of the remaining jurisdictions have recognized punitive damage awards in strict products liability cases.
The plaintiff is required to show the following to prove a case of breach of express warranty: Plaintiff purchased a product; Defendant provided an express warranty by affirmation of fact or promise, or description of the product; The product failed to conform to the defendant's affirmation or description; and.
Let's say you buy a computer from a nearby electronics store, and when you get home, the product doesn't work ? that's at least a breach of the implied warranty. If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability.