Virgin Islands Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product

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Multi-State
Control #:
US-01478BG
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Word; 
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Description

The Uniform Commercial Code (UCC) is a model statute covering things such as the sale of goods, bank transactions, warranties, loans secured by personal property and certain other commercial matters. All states have adopted and adapted the entire UCC, with the exception of Louisiana, which only adopted parts of it. Uniform Commercial Code ?§ 2-315 provides that where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified an implied warranty that the goods shall be fit for such purpose.

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  • Preview Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product
  • Preview Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product
  • Preview Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product
  • Preview Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product
  • Preview Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product

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FAQ

A warranty of fitness is a type of warranty that asserts that the goods are suitable for the special purpose of the buyer, and such warranty will not be satisfied by mere fitness for general purposes.

Legally, 'breach of a warranty' refers to a situation when the seller fails to meet the conditions made on the contract. When a breach of a condition is treated as a breach of on warranty the buyer can claim damages.

Buyers are entitled to consequential and incidental damages if there is a breach of contract. They may also be able to obtain liquidated damages (damages before the breach occurs) or punitive damages.

Breach of conditions usually allow a party to sue for damages as well as rescission/termination of the contract.

Consequences of the breach of a Condition or a Warranty treat the contract as repudiated. time of payment of price is generally deemed to be a warranty.

Additionally, a seller can disclaim all implied warranties by expressions like "as is," "with all faults," or other language which makes it clear to the buyer that there are no implied warranties.

The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow.

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Virgin Islands Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product