South Carolina Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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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 plaintiff is required to show the following to prove a case of breach of express warranty: Plaintiff purchased a product; Defendant provided an express warranty by affirmation of fact or promise, or description of the product; The product failed to conform to the defendant's affirmation or description; and.
Breach of warranty of authority is an action available against an agent who misrepresents his or her authority to a third party and as a result of that misrepresentation, the third party enters into a contract and suffers loss.
South Carolina Product Liability Laws Strict liability means that the plaintiff does not have to prove negligence or fault on the part of the defendant. Instead, the plaintiff must show that the product was defective and that the defect caused their injuries.
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.
? Breach of Implied Warranty This defense applies if the goods or products purchased from the person or entity suing you could not be used for the purpose for which they were sold.
Damages: The buyer may be entitled to damages for the harm caused by the breach of warranty or implied warranty. Such damages may include compensatory damages, such as the cost of repairing or replacing the goods, and consequential damages, such as lost profits or other indirect losses.
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.
