relates to pre-closing knowledge and asserting a breach of warranty
34 of the MIA 1906 ("when breach of warranty
excused") is also
injury to person or property proximately resulting from any breach of warranty
Of course, there is also the risk of fraud, which is a very different cause of action than a breach of warranty
. Fraud is found when one knowingly makes a material misrepresentation of a fact, or misrepresents a fact by willful nondisclosure, with the intent that the misrepresentation be relied upon by the buyer.
Circumstances of the injury as caused by the breach of warranty
District Court in Concord against Agro-Farm of New Berlin, charging breach of warranty
and contract, and violation of New Hampshire's consumer-protection laws.
The insurers then avoided the policy for GT Italy s alleged non-disclosure and breach of warranty
; they also notified GTI that, since they had avoided GT Italy s insurance ab initio, GTI had lost any cover otherwise available to GTI.
In his amended complaint the plaintiff set forth causes of action based upon lack of informed consent and breach of warranty
. The defendant rejected the amended complaint, and the plaintiff moved for leave to amend his original complaint to include the causes of action stated in the proposed amended complaint.
A diner who is served food that causes illness has three possible grounds on which to sue: breach of warranty
of merchantability, strict products liability, and negligence.
Officials said they would issue a writ over alleged shortfalls in payments, failure by SRU to comply with contractual obligations, and breach of warranty
, which would run "well into seven figures."
Using its state's lemon law, the Florida Supreme Court has ruled that car lessees may sue for breach of warranty
under the federal Magnuson-Moss Warranty Act (MMWA).
A High Court writ has been issued in which she accuses them of negligence, breach of contract, breach of warranty
, misrepresentation, and negligent mis-statement when acting for her between April 1998 and January 2002.