knows that there is a breach of warranty
, the source of that knowledge
34 of the MIA 1906 ("when breach of warranty
excused") is also
New Jersey's economic loss doctrine provides that a commercial buyer seeking damages for economic loss resulting from the purchase of defective goods may recover from an immediate seller and a remote supplier in a distribution chain for breach of warranty
under the UCC, but not in strict liability or negligence.
However, today's device manufacturers also face product-related risk beyond the scope of their products liability coverage, such as professional liability exposure for breach of warranty
or defect in design and manufacturing if a component fails to perform as expected.
The roughly $42 million lawsuit accused Swinerton which was operating in Oregon as Swinerton Builders of Oregon of breach of contract, negligence and breach of warranty
for construction defects at The Resort at Seaside, an eight-story, 414,970-square-foot beachfront condominium completed in 2003.
Courts have held that low prices do not necessarily provide sufficient notice to deny a claim for breach of warranty
As a result, today's construction law practitioners find themselves trying to determine what different construction-related warranties might exist, what they mean and how to bring or defend breach of warranty
causes of action.
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 sued for a declaration that they had validly avoided the policy or were discharged from liability by reason of breach of warranty
and obtained a default judgment against GT Italy.
In his amended complaint the plaintiff set forth causes of action based upon lack of informed consent and breach of warranty
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.