Illinois 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
Illinois has adopted the Uniform Deceptive Trade Practices Act. The Act is provided under Chapter 815, Section 510 et seq of the Illinois Compiled Statutes. Section 815 ILCS 510/2 of the Statute prohibits false and fraudulent advertisements.
The elements of a claim under ICFA are: (1) deceptive conduct; (2) that the defendant intended the plaintiff rely on that conduct; (3) that the deception occurred in the course of conduct involving a trade or commerce; and (4) damages proximately resulting from the deception.
This language says that certain warranties that default law implies into every software license agreement are not applicable and that the only warranties enforceable against the licensor are the warranties expressly set forth in the software license agreement itself.
Private right of action The elements of a private cause of action are: The deceptive act or practice by the person making the statement; The person making the statement intended the other person to rely on the statement; The deception occurred in the course of conduct involving trade of commerce; and.
If a representation is not true it is "inaccurate." If a warranty is not true it is "breached." In financing documents (such as loan agreements) representations and warranties are given by the borrower to induce the lenders to make loans.
Specifically, the ICFA prohibits any unfair practices that are done "in the conduct of any trade or commerce." For example, a consumer who purchases a defective vehicle from an auto dealer, who does not disclose the defect, may have grounds to file a lawsuit under the ICFA.
The Illinois Consumer Fraud and Deceptive Business Practices Act ("Act"), 815 ILCS 505/1, et seq., is comprehensive legislation designed to protect consumers, borrowers, and businessmen against fraud, unfair methods of competition, and unfair or deceptive practices in the conduct of trade or business.
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.