Little is more exasperating to the Maine consumer than to have a new product break or fail shortly after purchase, or even later. The consumer who parts with his hard-earned cash after researching the market closely often builds very high expectations as to how this product will improve the quality of his life. When the product breaks or otherwise fails, then crestfallen consumers focus on the fine print included in any warranty associated with the product to seek consumer justice. Manufacturers and merchants generally provide an express warranty with new products sold. These warranties can be effective for 90 days or more, perhaps up to a year or so. What most consumers fail to recognize is that existing Maine law provides an "implied warranty of merchantability." This warranty has a l...
Even though a homebuilder was not the seller of a home and had no direct contractual relationship with the buyers, it can still be sued for breach of implied warranty, the Arizona Supreme Court has ruled. A condominium association sued the builder after discovering construction defects in the condominiums. A trial court granted summary judgment for the builder. But the supreme court held that the association could sue for breach of implied warranty, and the fact that the builder did not actually own the property had no effect on its responsibility to provide sound workmanship and a habitable home.
commercial consumer Civ. 12(B)(6) claim for breach of implied warranty
BREACH OF CONTRACT; PREJUDGMENT INTEREST; BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY; R.C. 1302.27(B)(1), (3), AND (4); EXPERT EVIDENCE.
Introduction: The Ballad Of Buddy Boudreaux I. How Did We Get Here? A. The 1996 Civil Justice Reform: A Louisiana Tort Face-Lift B. So What's the Problem? II. Contractually Implied Warranty: A Last Bastion Of Strict Liability III. Title 9 Transfers Of Liability: Useless For Third Party Injuries, And "Contra Bonos Mores" For Injuries To Tenants A. Third Party Injuries and Transfers of Liability B. Contra Bonos Mores IV. Proposed Revisions Conclusion
[...] Durham wrote, the implied warranty doesn't make builder-vendors or developer-vendors the insurers against any and all defects in a home, as no house is built without defects. [...] the warranty is not intended to alleviate buyers of their duty to inspect residential construction or negotiate for express warranties. [...] to establish a breach of implied warranty of workmanlike manner or habitability in Utah, a plaintiff must now show that: * There was a purchase from a builder-vendor or developer-vendor, * That the residence contained a latent defect, * That the defect manifested itself after the purchase, * That the defect was caused by improper design, material or workmanship, and * That the defect created a question of safety or made the house unfit for human habitation.
A pharmacist who improperly mixed a prescription intravenous nutrient solution can be sued for breach of implied warranties, the Florida Court of Appeal has ruled. The pharmacist's customer suffered from short bowel syndrome and had much of her small intestine removed. As a result, her nourishment was obtained from an intravenous water-based nutrient solution the pharmacist mixed for her.
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