Georgia Complaint for Breach of Warranty
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How to fill out Complaint For Breach Of Warranty?
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FAQ
A person who has been sold a defective product that is not what is promised in a warranty can file a lawsuit for breach of warranty. This is true in the case of both express and implied warranties.
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 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.
Georgia Breach of Contract Claims The Georgia statute of limitations for breach of written contract claims is six years. O.C.G.A. §9-3-24 Oral contracts only get four years.
Determining what loss has been suffered: Usually, the measure of damages for a breach of warranty claim is the difference between the value of the company as warranted (generally taken to be the purchase price paid for the company) and the 'true' value of the company, had the buyer known that the warranties were ...
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.
India Code: Section Details. (b) sue the seller for damages for breach of warranty. (2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.
Under Georgia's Uniform Commercial Code, O.C.G.A. § 11-2-314(1), a warranty that the goods shall be merchantable is implied in a contract for the goods' sale if the seller is a merchant with respect to goods of that kind. That warranty protects consumers from defects or conditions existing at the time of sale.
