WebAll products (other than those sold “as is”) contain implied warranties. Implied warranties may include: warranties of fitness for an intended purpose, and; warranties of merchantability; Plaintiffs in defective product breach of warranty lawsuits may obtain: refunds or replacements for their defective and unrepaired products WebDec 11, 2005 · The law of Florida is that to recover for the breach of a warranty, either express or implied, the plaintiff must be in privity of contract with the defendant. Kramer v. Piper Aircraft Corp., 520 So. 2d 37 (Fla. 1988); West v. Caterpillar Tractor Company, 336 So. 2d 80 (Fla. 1976).
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Webdressed whether the implied warranty of merchantability applies to used goods. 32 The supreme court held that a downstream buyer could sue the manufacturer for breach of the implied warranty of merchantability.33 The court did not address whether that buyer would have an implied-warranty claim against the immediate seller.34 WebOct 18, 2024 · Breach of Express Warranty. Express warranties are typically contained in sales contracts or when a seller expressly promises that a product will perform in … fnbiweb.com
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WebDec 14, 2024 · What Happens If a Warranty Is Breached? If express or implied warranties prove to be false and products do not measure up in quality or fitness for purpose, the … WebJun 17, 2024 · A company that breaches an express or implied warranty can be held liable for any personal injury, financial losses, or other non-monetary harm the … WebThe elements of a cause of action for breach of the implied warranty of fitness for a particular purpose are very similar to the elements for breach of an implied warranty of merchantability. They are: 1. A sale of goods. 2. Privity between Plaintiff and Defendant. 3. Defendant knowingly sold the product for a particular purpose. 4. fnb itb3