Florida Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
Express Warranty vs. An implied warranty, which is an unwritten guarantee that a product or service should work as expected, may come into force in the absence of communicated guarantees. For example, when ordering a pizza at a restaurant, it comes with the implied warranty that it is edible.
A breach of warranty or implied warranty in Florida is a failure to perform one or more of the obligations under a warranty or an implied warranty. Generally, a cause of action for a breach of warranty must have an agreement for the sale of goods as a basis.
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.
Breach of warranty of authority is an action available against an agent who misrepresents his or her authority to a third party and as a result of that misrepresentation, the third party enters into a contract and suffers loss.
There are many types of implied warranties including an implied warranty of merchantability, an implied warranty of fitness, an implied warranty of habitability (for a lease), and an implied warranty of marketability (for the sale of real property, also known as a marketable title).
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.
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.
If the lawsuit is based on contract law, as in the case of a breach of warranty, you must file it within four years after the cause of action occurred.