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Attorney's Fees for Breach of Implied Warranties

Feb 2, 2013 — by Jeff Mundy
Tags: Contract Law

 A claim for breach of express warranty governed by UCC article 2 is a suit based on a written contract, even though the plaintiff did not plead a breach of contract claim and did not recover on that theory.... a party who prevails on a breach of express warranty claim may recover attorney's fees.

 "A warranty that the goods shall be merchantable is implied in a contract for their sale if their seller is a merchant with respect to goods of that kind." "An implied warranty is a representation about the implied quality or suitability of a product that the law implies and importsinto a contract." ... In other words, an implied warranty becomes part of the terms of a contract.


Cargo Damage in Transit - Federal Law Governs

Feb 1, 2013 — by Jeff Mundy
Tags: Commercial Law

Congress intended for the Carmack Amendment to provide the exclusive cause of action for loss or damages to goods arising from the interstate transportation of those goods by a common carrier. Accordingly, we hold that the complete pre-emption doctrine applies. Because the Carmack Amendment provides the exclusive cause of action for such claims, . . . claims [for such loss or damages] "only arise under federal law and [can], therefore, be removed . . . ."   (to federal court)

 


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