Sentences with phrase «under breach of warranty»

In addition to strict liability claims, victims may also bring standard negligence cases or sue under a breach of warranty (e.g. the warranty of merchantability or fitness for a particular purpose).

Under the breach of warranty theory, it is shown that manufacturer promised a particular benefit and it was not delivered or failed to warn of a hazard.

If that result is not delivered, the patient may attempt to recover under breach of warranty or breach of contract.

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.

The claim under the breach of warranty provision was not offset for the plaintiff's comparative negligence.

Not exact matches

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).

11.5 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision our legal costs), awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your undertakings, warranties or obligations under these terms and conditions.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

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:

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product's performance), misrepresentation (giving consumers a false sense of security about a product's safety), and strict liability (under which the product's defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible).

For example, a retailer might have injuries in the nature of breach of warranty liability in suits brought against retail sellers by injured consumers under the Uniform Commercial Code that the retail sellers would be seeking indemnification of from the California based wholesale distributor.

In addition to the MCPA, a plaintiff may choose to sue a dealer under theories of breach of contract, breach of warranty, or fraudulent or negligent misrepresentation.

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... ContinueWarranty 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... Continuewarranty (or in certain cases under an indemnity) given in connection with an M&A transaction thus facilitating... Continue reading

The court held that because the plaintiff did not claim economic damage for the loss of the shirt, the breach of warranty claims were based in tort, and were therefore part of the products liability claim under the Indiana Products Liability Act (IPLA).

Sophie advises and acts in insurance matters, including the construction of insurance policy wordings, breach of warranty claims, avoidance of policies of insurance for misrepresentation and non-disclosure and claims under the Third Parties (Rights Against Insurers) Act 1930.

It therefore follows that there is legal recourse under contract and / or tort for breach of warranties and misrepresentation.

Food poisoning cases generally fall under one of three categories; negligence, strict products liability, or breach of warranty.

810 ILCS 5 / 2A -506 (1): An action for default under a lease contract, including breach of warranty or indemnity, must be comenced within 4 years after the cause of action accrued.

93A only if he has suffered harm compensable by damages under common law, and that breach of warranty is not per se «unfair» or «deceptive»)

German bank — claim involving complex issues of breaches or warranties of English law policies and liability under German law contracts following settlement of agreements with the insurers.

The cases in which Paul has been involved cover a wide range of issues including policy construction under both English and New York law, proof of loss, breach of warranty claims, choice of law, misrepresentation and non-disclosure, and the allocation of historical and progressive losses.

Advising in relation to potential claims under the SGA 1979, breach of warranties, rescission, damages, entire agreement clauses, quantum and potential negligence claims against former solicitors.

«When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.»

[2016] EWHC 1506 (Comm); [2016] Bus LR 876; [2016] 955 LMLN 1 Appeal under s. 69 on the question of whether, where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for the owner to prove that the underperformance resulted from compliance with the time charterer's orders.

A manufacturer can be held liable under a products liability theory for any of the following actions / inactions: negligently designing the product, negligently manufacturing the product, failing to warn of the products dangers, breaching a warranty or misrepresenting (either fraudulently or innocently) the product.

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.

Where the Customer provides any personal data in relation to this agreement, it warrants that it does so in compliance with Data Protection Law and that the Provider may, under Data Protection Law, process such data as required or anticipated by this agreement, and the Customer shall be responsible for any costs, losses or expenses the Provider incurs or suffers as a result of breach of such warranty.

This was so whether the plaintiffs» claims are in tort under the OLA or contract (breach of warranty) under the CPA.

In Massachusetts, product liability actions typically assert claims of both negligence and breach of warranty and normally contain a count under chapter 93A, Massachusetts's consumer protection statute

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.