Pennsylvania Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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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.
The implied warranty of habitability guarantees that your home is fit for living, in which, at the minimum, it has running water, plumbing, and electricity. Under the implied warranty of reasonable workmanship, the builder must construct the house completely and professionally.
Standard for Punitive Damages in Pennsylvania Under Pennsylvania law, punitive damages must: Be reasonably related to the state's interest in punishing and deterring the bad behavior of the defendant. Not be arbitrary.
Under Pennsylvania law, almost everything you buy comes with two implied warranties. Your car purchase is no different. Pennsylvania's Uniform Commercial Code provides you with protections when you buy a car by setting minimum standards of quality that every dealership has to follow.
The Implied Warranty of Merchantability applies only to merchants with respect to goods they are in the business of selling. The warranty implies into the sale that the goods are not defective and are fit for the ordinary purpose for which such goods are used.
While it is true that punitive damages are not awarded in breach of contract cases, this rule does not restrict a party from bringing alternative claims in tort and contract where warranted by the facts.
Merchantability. The implied warranty of merchantability means the goods are merchantable and conform to a reasonable buyer's expectations. Most consumer products have an implied warranty of merchantability. This warranty makes the assumption that a good or product works for its intended purpose.
