Sentences with phrase «breach of warranty»
We were instructed to defend a local authority against a # 20 million breach of warranty claim arising out of its sale of a significant volume of housing stock.
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It therefore follows that there is legal recourse under contract and / or tort for breach of warranties and misrepresentation.
Liability was found on the basis of breach of warranty of authority.
There, she represented automotive manufacturers and technology companies in breach of warranty, complex tort and product liability actions.
His litigation experience includes trademark, copyright, unfair competition, unfair business practices, antitrust, entertainment, securities, products liability, tort, breach of contract and breach of warranty actions.
A claim under breach of warranty is a contract claim and exists if the product is different than it was reasonably expected to be by the consumer.
We count breach of warranty as one of our many practice areas, and we may be able to help you.
If that result is not delivered, the patient may attempt to recover under breach of warranty or breach of contract.
Legal Teams: A Group Approach — Working together to tackle lemon law and breach of warranty cases.
The law on breach of warranty has changed to make warranties suspensive conditions such that if a breach is remedied prior to loss, cover will remain in place.
Served as lead counsel for the defendants and successfully defeated motion to certify California class in action filed in the US District Court for the Northern District of California alleging false advertising and breach of warranty by Fortune 500 defendant - retailer in regard to sales of certain clothes dryer models.
We litigate a broad range of substantive legal claims, including breach of warranty, fraud, breach of contract, breach of fiduciary duty and other business torts, such as product disparagement and false advertising.
A US$ 64 - million dispute in respect of alleged breach of warranty under an international SPA, culminating in a 5 - week trial in the Rolls Building.
Defended global electronics company against claims of fraud and breach of warranty brought in a high - profile case in state court
He handles a variety of commercial and class action litigation matters, including restrictive covenants, breach of contract and breach of warranty disputes.
It would however mean breach of warranty clause and that is something that needs to be borne in mind while going for rooting procedure using Dingleberry.
Breach of warranty applies to tenants and their guests; both can recover.
The basis of contract clause which turned representations made by the insured into a warranty has been abolished and breach of a warranty unconnected with the loss is no longer a ground for terminating cover.
The use of a W&I policy can enable real estate, infrastructure and private equity sellers to close their funds after the disposal of the target without the need to provision for future breach of warranty and indemnity claims.
Warranty and indemnity Insurance covers losses arising from breach of a warranty (or in certain cases under an indemnity) given in connection with an M&A transaction thus facilitating... Continue reading
Obtained favorable ruling from North Carolina Supreme Court on behalf of safety equipment company in an electrocution case, which confirmed the defense of contributory negligence in breach of warranty matters in North Carolina.
Insurers alleged that Chris» clients had acted in breach of a warranty contained in the policy wording and issues arose as to the proper construction of the warranty in question.
Mr. Grossman updated the chapter «Products Liability Claims and Chapter 93A,» which covers the products liability state of the law, including attorney general regulations regarding scope of rulemaking authority, as well as regulations concerning breaches of warranty and protection of public health, safety and welfare.
Breach of warranty usually refers to the failure of a seller or provider to fulfil the terms of a promise, or representation, made during the contracting process.
Breach of a condition allows the offended party to repudiate the contract, but breach of a warranty does not enable a contract to be repudiated.
Some states have held that the FIFRA preempts state common - law claims of implied breach of warranty or failure - to - warn.
Some of these claims may be affected by the Federal Insecticide Fungicide and Rodenticide Act's (FIFRA, 7 U.S.C. § 1360) preemption provisions regarding state breach of warranty and failure - to - warn defect claims.
Representation of multi-national electronics entity in commercial disputes over breaches of warranty.
Achieved a substantial settlement on behalf of a frac pump manufacturer for breach of contract and breach of warranty involving improperly manufactured component parts.
Breach of warranty occurs when the seller fails to uphold a promise, claim or representation made of a product.
About Blog Indiana Consumer Law Group represents individuals in FDCPA / Debt Collector Harassment; Debt Defense; Wrongful Repossession; and Lemon Law / Breach of Warranty issues.
It is also common for sellers to make W&I insurance into a deal by making it the recourse for a buyer for breach of warranty claim that would otherwise brought against the sellers.
In a recent highlight, the frequently recommended Rupert Bellinghausen defended an international industrial services provider against damage claims for breach of warranty as part of a post-M & A arbitration.
In product liability and breach of warranty cases, generally any company that manufactured or sold the car is responsible.
In addition, on residential rental property, the landlord might be responsible under a theory of breach of warranty of habitability if the property does not conform to the building code or the housing code.
Usually, the only way you could be sued for breach of warranty liability is by the company that employed you for breaching your contract with them, and only pursuant to the terms of that contract.
Advising on breaches of warranty and / or contract and disentangling complex commercial agreements to protect our clients» position.
One of the proposed reforms detailed in the Law Commission's recent consultation, Misrepresentation, Non-Disclosure and Breach of Warranty by the Insured is to rebalance the law in respect of the insurer and the insured.
Obtained favorable settlement for drilling contractor in case alleging breach of warranty and negligence in Oklahoma County, Oklahoma.
Think before you warrant - success for former shareholders in breach of warranty claim Fox Williams strengthens Dispute Resolution practice with new Partner hire Ask Auntie - Silent witness - Avoiding the risks of bad witness evidence Fight against corruption demands global approach Non-Payment of ICC Advance
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
(2) «Wrongful act» shall mean any actual or alleged breach of trust, breach of duty, neglect, error, misstatement, misleading statement, omission, breach of warranty of authority or other act wrongfully committed or attempted by the Official in the course of performing his duties as an Official.
Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.
Governor Daniels characterizes this problem well; he calls it a breach of the warranty schools have with our students and their families.