Breach: 05. Breach of Implied Warranty of Merchantability
1Elements and Case Citations
- The plaintiff purchased a product from a defendant who is a merchant with respect to goods of that kind;
- The product was defectively designed or manufactured, i.e. not reasonably fit for its ordinary purpose;
- The defect existed when the manufacturer delivered it to the purchaser or user; and
- The defect is the proximate cause of the plaintiff’s injuries.
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- The rest of the elements for this cause of action;
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