Puerto Rico Complaint regarding Defective Auto, Breach of Warranty, Motor Vehicle Warranty Act, and Magnuson Moss Act, Punitive Damages
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How to fill out Complaint Regarding Defective Auto, Breach Of Warranty, Motor Vehicle Warranty Act, And Magnuson Moss Act, Punitive Damages?
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FAQ
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.
The Magnuson-Moss Act makes it easier for consumers to sue for breach of warranty by making breach of warranty a violation of federal law. The Act allows the consumer more control over whether a case is heard in federal or state court.
(2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goodsaccepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount.
Let's say you buy a computer from a nearby electronics store, and when you get home, the product doesn't work ? that's at least a breach of the implied warranty. If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability.
A "consumer" may sue a "supplier, warrantor, or service contractor" for breach of a written warranty, implied warranty, or service contract, and for a violation of the Act.
Damages in a breach of warranty claim will usually be measured in order to compensate the claimant and put it in the position it would have been in had the information, as warranted by the defendant party, been true.
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.
The UCC specifies that the usual measure of damages for breach of warranty is ?the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted.? 810 ILCS 5/2-714(2).