Virgin Islands Complaint regarding Defective Auto, Breach of Warranty, Motor Vehicle Warranty Act, and Magnuson Moss Act, Punitive Damages
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FAQ
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).
Written warranties must be titled either ?full? or ?limited.? Warranties must outline the coverage they provide using language that is easy to understand. Warranties must be available for consumers wherever the product they cover is sold.
In breach of warranty cases, the buyer may seek remedies such as repair or replacement of the defective product, compensation for diminished value, or reimbursement for incidental and consequential damages.
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.
Of the Magnuson-Moss Warranty Act in federal court, provided that no such claim would be cognizable ?if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit.? 28 U.S.C.
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.
(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.
