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A woman whose treatment for Lyme disease was compromised by faulty instructions packaged with her medication can keep the $250,000 a jury awarded her, the Court of Special Appeals has held.
Rite Aid Corp.'s plain language patient package insert created an express warranty on which Ellen R. Levy-Gray could rely, the appellate court affirmed.
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ABSTRACT
The words used by sellers to describe their goods to induce buyers to purchase them can land the seller in court if the goods fail to measu...
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It is difficult to imagine that a national vehicle manufacturer or any manufacturer can issue an express warranty to a first purchaser but not honor i...
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CIVIL MISCELLANEOUS EVID/WIT/TRIAL: The trial court did not err in denying a defendants motion for summary judgment on a claim for breach of an express limited warranty under the federal Magnuson-Moss Warranty Act, when the Act applied to both full and limited warranties. The trial court did not err in allowing opinion testimony regarding the value of an automobile from lay witnesses, when those witnesses owned the vehicle and were intimately familiar with its repair history and operation.
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Summary judgment. Manufacturer of wood-burning boiler. Installer. Express written warranty. Express warranty created by advertising.
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. A product or service warranty (also known as guarantee) is a promise, from a man... to enforce warranties, whether they are express, implied, written, verbal, or given in any other w...
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Express warranty; implied warranty; new trial; damages; manifest weight; nunc pro tunc; Civ.R. 60(A); JNOV; abuse of discretion; denial of summary judgment; Civ.R. 50; privity of contract; intended third-party beneficiary; lost profits; R.C. 1302.89; consequential damages; R.C. 1302.26; jury interrogatories.
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Common law as well as codai counterparts to strict liability under the headings of contract and commercial law are implied warranty and express warranty. Surely we can observe that after a century and a half of development of the fault principle, a substantial amount of money changes hands for injuries without a showing of culpability in the sense of negligence or intentional infliction of harm.
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A used car dealer could not enforce a written warranty provision that mandated pre-dispute binding arbitration if it was sued for violating the Magnuson-Moss Warranty Act, the 9th Circuit has ruled in reversing judgment.
The plaintiff purchased a used car from the defendant. After the vehicle experienced mechanical problems, the plaintiff sued for breach of implied and express warranties under the Magnuson-Moss Warranty Act.
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Express warranty and reliance; implied warranties of merchantability and fitness for a particular purpose; tort; economic loss.