New Hampshire Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
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.
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 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.
If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability. Even if there is no promise made regarding the effectiveness or durability of the product, you, as a consumer, have the right to expect the products you purchase to work.
Possible Defenses in Breach of Warranty Cases Lack of privity (the parties had no contractual obligation to one another) Lack of warranty (there was no warranty) The buyer misused the product. The buyer failed to comply with the conditions set out in the warranty.
Burden of proof in breach of warranty case consists of proving pertinent terms of warranty and fact that those terms were breached.
In breach of warranty cases, the buyer may seek remedies such as repair or replacement of the defective product, compensation for diminished value, or reimbursement for incidental and consequential damages.