Louisiana 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 warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow.
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.
(1) The implied warranty of merchantability provides that an item is reasonably fit for the ordinary purposes for which such items are used.
An implied warranty of fitness for a specific purpose occurs when buyers intend to use a certain product for a particular purpose and depend on the seller's expertise to select a product for that use.
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).
Warranty of fitness for a Particular Purpose: This warranty implies that the goods being sold are suitable for a specific purpose, as long as the buyer made known the intended use of the goods to the seller before the sale.
A seller who breaches an expressed or implied warranty may be liable for damages that range from multiple financial losses in an express warranty breach case to injuries, medical expenses, lost wages, or pain in suffering in a breach of an implied warranty.
While a seller of goods may create a warranty in multiple ways, the basic elements of any claim for breach of warranty are (1) the existence of an express or implied warranty, (2) the goods did not comply with that warranty, and (3) the failure to comply with the warranty caused an injury.