breach of warranty elements
- Commerce, Commonality, and Contract Law: Legal Reform in a Mixed Jurisdiction
521 F.2d 31 (3rd Cir. 1975), 75-1022, Griffith v. Wheeling Pittsburgh Steel Corp.
... court correctly identified the decisive elements necessary of proof in determining who is "a ... the Sieracki claim because of an implied warranty of workmanlike service running from the stevedore ... was so, some courts held, even when the breach of warranty was the result of the injured ...
124 U.S. 405 (1888), Union Ins. Co. v. Smith
... some natural perils and operation of the elements whcih occurred without the intervention of human ..., would not of itself constitute such a breach of the policy as would deprive the plaintiff of ... of a vessel by a time policy, the warranty of seaworthiness is complied with if the vessel ...
311 F.3d 966 (9th Cir. 2002), 01-15387, Soliman v. Philip Morris Inc.
..., including product liability, negligence, breach of warranty, fraud, misrepresentation, conspiracy ... of action is complete with all of its elements." Norgart v. Upjohn Co., 21 Cal.4th 383, 397, 87 ...
Kuns v. Ford Motor Co., 111913 FED6, 13-3364
... Ford violated the federal Magnuson-Moss Warranty Act and breached its express warranty under Ohio ...15 U.S.C. § 2310(d)(1). Therefore, the elements that a plaintiff must establish to pursue a cause ...
466 F.2d 220 (6th Cir. 1972), 71-1948, In-Flight Devices Corp. v. Van Dusen Air, Inc.
...In-Flight's complaint set forth claims of breach of contract and damage to business reputation ... 11 The first and second elements of the method merely involve a search for ...)(5) of the long-arm act with respect to warranty claims. The availability of such subsection does ...
727 F.2d 506 (5th Cir. 1984), 82-4288, Jackson v. Johns-Manville Sales Corp.
... cause of action on theories of negligence, breach of warranty, strict liability, and conspiracy to ... the evidence is relevant to establishing elements of the defendants' liability, specifically ...
200 F.3d 382 (5th Cir. 2000), 98-51085, Osherow v Ernst & Young
...; (4) professional negligence; (5) breach of warranty; (6) breach of contract; and (7) ... The parties agree that the first three elements are satisfied; they disagree on the final element ...
59 F.3d 1496 (5th Cir. 1995), 92-4711, Guevara v. Maritime Overseas Corp.
...For breach of a duty thus imposed, the remedy upon the ... a tort claim comprehending the same elements of injury.. This is simply not the law."); ..., that Congress neither created the warranty of seaworthiness nor fashioned the general ...
450 F.2d 1176 (5th Cir. 1971), 30809, Ward v. Hobart Mfg. Co.
..., designed and manufactured, constituted a breach of an implied warranty owed by the seller to the ...The court's enumeration of the elements of a negligence action was simply as an aid in ...
413 F.2d 428 (2nd Cir. 1969), 410, Krause v. Sud-Aviation, Societe Nationale de Constructions Aeronautiques
... manufactured and that SUD had breached" an implied warranty of fitness. \xC2"... in the weld caused the crash, the two elements admittedly essential for a finding of liability ...
14 F.3d 726 (2nd Cir. 1993), 93-7784, In re Joint Eastern and Southern Dist. Asbestos Litigation
... Foremost among elements of the case or controversy requirement is the ...Breach of warranty cases involving numerous purchasers ...
995 F.2d 1224 (3rd Cir. 1993), 92-1380, Menichini v. Grant
... uniformity of application are essential elements of a comprehensive statutory scheme like .. the ... on a customer's right to bring a breach of warranty action against its bank for ...
523 F.2d 155 (8th Cir. 1975), 74-1797, Karjala v. Johns-Manville Products Corp.
... when damage has resulted from the alleged breach of duty, that is, the time when a claim could be ..., (2) strict liability, and (3) breach of warranty. Only the strict liability claim was submitted to ... source of his disability and the other elements...
605 F.2d 1 (1st Cir. 1979), 78-1492, Engine Specialties, Inc. v. Bombardier Ltd.
... lines of credit and that this was a breach of contract. No mention was made of the twenty ... the per se rule which is found to have elements inherently offensive to the antitrust laws. Nor ... necessity of finding liability under warranty count.). D. Standing of Durham and Watercraft to ...
175 F.3d 296 (3rd Cir. 1999), 98-1923, Montgomery County v. MicroVote Corp.
... . for allegedly breaching an oral contract. That suit was dismissed. On ..., inter alia, negligence, breach of warranty, breach of contract, and fraud. ...§ 5928 (West 1982). The traditional elements of the attorney client privilege that identify ...
865 F.2d 395 (1st Cir. 1988), 87-1750, Wood v. General Motors Corp.
... design, negligent manufacture, and breach of implied and express warranty. One paragraph of ... or passive restraints, FMVSS 208 has elements of a design standard. Second, ...
915 F.2d 641 (11th Cir. 1990), 89-5938, Hessen for Use and Benefit of Allstate Ins. Co. v. Jaguar Cars, Inc.
... of negligence, strict liability, and breach of implied warranty. Allstate alleged that the ... him by Allstate in valuing the various elements of his fire loss--a valuation subsequently given ...
108 F.2d 603 (4th Cir. 1940), 4553, The Fred Smartley, Jr.
... personal contract containing an implied warranty of seaworthiness, the owner of the barge was not ... as against a liability arising from the breach of a warranty of seaworthiness contained in a ... the warrantor's privity, because all the elements of the cause of action are 'done, occasioned, or ...
870 F.2d 840 (2nd Cir. 1989), 976, Lund's Inc. v. Chemical Bank
... against Laidlaw seeking indemnity for breach of warranty of endorsement on the basis that ...222, 226, 442 N.E.2d 648, 652 (1982) (elements of cause of action under Sec. 3-419(1)(c) are (1) ...
- 10 CFR 961.11 - Text of the contract
992 F.2d 1439 (6th Cir. 1993), 92-5314, Moore, Owen, Thomas & Co. v. Coffey
... convincing evidence, the following six elements: (1) a material misrepresentation; (2) which is ... who desires to rescind the sale for breach of warranty or fraud, must act "within a ...
- 38 C.F.R. 36.4323 - Election to convey security
- A Warranty Expired: Time to Rid Louisiana of Fitness for Ordinary Use
247 F.2d 23 (D.C. Cir. 1957), 13017, Jamieson v. Woodward & Lothrop
...She sued Woodward & Lothrop for breach of warranty and Helena Rubinstein, Inc., for ... is nothing tending to show that all elements of the danger involved in using the device as ...