Sentences with phrase «implied breach of warranty»

Not exact matches

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.

GM shall not be liable for incidental or consequential damages, such as, but not limited to, lost wages or vehicle rental expenses, resulting from breach of this written warranty or any implied warranty.

Michelle Hainley of Lancaster County filed a class action lawsuit Oct. 7 in U.S. District Court for the Eastern District of Pennsylvania, citing breach of implied warranty and breach of express warranty.

Hunte is sued in particular for breach of the implied and express warranties of merchantability.

Hunte is also charged with breach of implied and express warranties of merchantability for selling sick puppies.

The allegations include breach of implied and express warranty, consumer and common law fraud, unjust enrichment, negligence, and strict products liability with defective design or manufacture and failure to warn.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of the liability of Apeejay Surrendra Park Hotels Ltd under, any such warranty, term or condition, then the liability of Apeejay Surrendra Park Hotels Ltd shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:

«Because Halo 3 is not fit for either its ordinary purpose or for the particular purposes for which it was sold, defendants have breached the statutorily implied warranties of the Song - Beverly Consumer Warranty Act.»

Plaintiffs began filing lawsuits across the country claiming the filters caused harm and death, alleging manufacturers» negligence, failure to warn, design defects, manufacturing defects, breach of implied warranty and negligent misrepresentation on the part the companies and their subsidiaries.

Because the lighter was fit for its ordinary purpose of producing a flame, the Court found that it was merchantable, and thus, no claim for breach of the implied warranty of merchantability was cognizable against the manufacturer.

Claims against C.R. Bard and Cook Medical include various forms of negligence, ranging from negligent misrepresentation and design defects, to breach of implied warranty.

Breach of Warranty: Products typically have an implied warranty that they will meet the expectations of an ordinary cWarranty: Products typically have an implied warranty that they will meet the expectations of an ordinary cwarranty that they will meet the expectations of an ordinary customer.

The open and obvious defense and contributory negligence are related, but the open and obvious defense focuses on the hazard itself rather than the actual conduct of the plaintiff.9 As noted above, a Virginia plaintiff can not recover for a breach of an implied warranty «if the purported defect of which the plaintiff complains was known, visible or obvious to him.»

There is considerable disagreement among jurisdictions regarding whether a defendant may use defenses normally associated with negligence actions in claims for breach of implied warranties.

If an attorney is familiar with products liability defense in the Commonwealth and the elements of a breach of implied warranty claim, the question is not as difficult to answer as plaintiff's counsel might hope.

There is also the possibility of asserting breach of express or implied warranty.

The Scherones are suing for negligence, breach of express and implied warranty, loss of consortium, and strict liability.

Lincoln is suing for products liability, alleging negligence and breach of express and implied warranties.

Jim has been lead counsel in a wide variety of complex civil litigation, including cases involving breach of contract, fraud, breach of fiduciary duty, tortious interference, conspiracy, anti-trust, deceptive trade, insurance code violations, partnership disputes, corporate governance / ownership disputes, breach of express and implied warranty / covenants, RICO, sexual harassment, constitutional claims, assault, battery, libel, slander, trespass, nuisance, product defect and negligence.

He must now carry his burden of proving the defendant breached the implied warranty of habitability.

Their Paxil injury lawsuit is seeking damages for fraud, breaches of implied and express warranties, loss of consortium, intentional inflict of emotional trauma, failure to warn, negligence, design defect, and negligent misrepresentation.

Plaintiffs filed numerous Florida state law claims, including strict product liability, negligence, intentional misrepresentation, breach of express warranty, implied warranty, and violation of Florida's Deceptive and Unfair Trade Practices Act.

The plaintiffs claimed damages for breach of express and implied warranty, breach of the Competition Act (Can.)

Under Florida law, if a seller breaches a warranty, like the implied warranty of habitability, then the buyer can file a lawsuit against the seller to recover his or her damages.