Slater and Gordon sued Watchstone for breach of warranty
and fraudulent misrepresentation in connection with the sale in June 2017.
Per the complaint, the actor is accusing the EV manufacturer of negligence and breach of warranty
. In an interview with Business Insider, however, a Tesla spokesperson claimed that the car's wheel was torn off because of the crash and not the other way around.
Briccetti said that customers may pursue breach of warranty
and negligent misrepresentation claims against all companies involved, as well as fraud claims against Welspun, the author notes.
The case also addresses issues about the statute of repose for common law and breach of warranty
claims in construction cases.
accept or keep the thing and maintain an action against the seller for damages for the breach of warranty
Starstone accused Cirrus and CMI of negligence, product liability for design and manufacturing flaws, failure to properly warn consumers of the danger and breach of warranty
. It also accused Cirrus of breach of contract.
"If we establish negligence, the measure of damages is the cost of repair, if we establish breach of warranty
, the damage should be the cost of the repair no matter how we got there, there was only one damage per claim and Macaulay understood that."
Through his lawyers, Lee said "this alleged breach of warranty
allegedly committed by Globe Asiatique was allegedly occasioned by its act of approving the PAG-IBIG housing loan applications of fictitious buyers/borrowers and by engaging in double-sale of the townhouses at the Xevera Bacolor and Mabalacat Township Projects, based on the interpretation of the contracts by DOJ that Globe Asiatique is the one approving the PAG-IBIG housing loan applications of the buyers/borrowers and its interpretation that Globe Asiatique is not allowed to replace the delinquent buyers/borrowers."
HDMF filed the syndicated estafa case against Lee because it said it sustained P6.6-billion damage through a breach of warranty
committed by Globe Asiatique in the 2009 memorandum of agreement and in the funding commitment agreements (FCAs) the realty firm entered into with HDMF.
Brian has tried numerous cases in state and federal courts involving patent infringement, breach of contract, breach of warranty
, tortious interference of contract, trade secret misappropriation, fraud, and breach of fiduciary duty.
This concise book reviews core principles and concepts of sales law, including the scope of Article 2 of the Uniform Commercial Code and offer acceptance and consideration; the statute of frauds and parol evidence rule; terms of the contract; unconscionability; risk of loss; buyerAEs and sellerAEs remedies; buyerAEs rejection of acceptance and sellerAEs right to cure; warranty; damages for breach of warranty
; defenses of warranty actions; and disclaimers of warranty liability and modification of buyerAEs remedies.