South Carolina Complaint for Breach of Warranty
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How to fill out Complaint For Breach Of Warranty?
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FAQ
If the seller breaches a warranty to the buyers, the latter can take legal action to protect their rights or their business. U.S. laws governing warranties will help the plaintiff and their legal counsel determine what it is that a seller has agreed to sell the buyer.
A warranty is a seller's promise that a product sold to a buyer has a certain quality. If the product proves to be deficient in this quality as promised, the seller is legally liable for breach of warranty.
For example, when trying to sell a washing machine, a salesperson might advise the consumer that a particular model makes no noise. If it turns out that the washing machine makes a noise, the consumer might be able to sue for breach of express warranty.
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.
You can sue a company for breach of warranty, but remember that the burden of proof is on you, meaning you have to prove that the seller breached either an implied or express warranty.
A party that breaches a warranty is only responsible for the loss and damage that is foreseeable as a result of the breach. The damages for which a seller is liable is the amount necessary to compensate the purchaser for any loss resulting from the breach.
(1) An action for breach of any contract for sale must be commenced within six years after the cause of action has accrued. (2) A cause of action accrues for breach of warranty when the breach is or should have been discovered.
For example, if a consumer tells the salesperson at the hardware store that he needs a tool that drills metal, and the salesperson recommends a particular tool that does not drill metal, the implied warranty of fitness will have been breached.