Chapter 32A: Products Liability—Breach of WarrantyIntroduction
A. Definition
B. Elements
Express Warranty
1. The defendant sold the item in question to the plaintiff
2. The defendant expressly warranted the item to the plaintiff
3. The plaintiff is a person who was reasonably expected to use, consume, or be affected by the item
4. The item was not as warranted
5. The breach of warranty caused the plaintiff’s injuries
6. Within a reasonable time after the plaintiff discovered or should have discovered the alleged breach of warranty, the plaintiff notified the defendant of the breach
Implied Warranty of Fitness for a Particular Purpose
1. The defendant sold the item in question
2. The defendant impliedly warranted the item in question to be fit or suitable for the particular purpose described by the plaintiff
3. The plaintiff is a person who was reasonably expected to use, consume, or be affected by the item in question
4. The item in question was not suitable or fit for the particular purpose for which it was warranted
5. The breach of warranty caused the plaintiff damage
6. Within a reasonable time after the plaintiff discovered or should have discovered the alleged breach of warranty, the plaintiff notified the defendant of the breach
Implied Warranty of Merchantability
1. The defendant sold the item in question to the plaintiff
2. The plaintiff is a person who was reasonably expected to use, consume, or be affected by the product
3. The defendant was a merchant with respect to the type of product involved in the claim
4. The item in question was not of merchantable quality at the time of sale
5. The breach of warranty caused the plaintiff’s injury
6. Within a reasonable time after the plaintiff discovered or should have discovered the alleged breach of warranty, the plaintiff notified the defendant of the breach
C. Elements Defined
Express Warranty
Implied Warranty of Fitness for a Particular Purpose
Implied Warranty of Merchantability
D. Defenses
Exclusion or Modification of Express and Implied Warranties
Lack of Notice of Breach of Warranty
Statute of Limitations
Blood Transfusions
E. Remedies
F. Forms
Complaint for Breach of Implied Warranties—With Claims for Negligence and Strict Liability