representation in order for it to bring a successful
breach of warrantydischarged from liability as from the date of the
breach of warranty,
"The Insurance Bill proposes warranties will become 'suspensive' conditions, so insurers will still be liable for losses under the policy prior to a
breach of warranty and after the breach has been remedied."
Nevertheless, the Connecticut courts, focusing in part on the comments of the legislators who sponsored the original act, have long interpreted the exclusivity provision as abrogating common law theories of liability including negligence, strict liability and
breach of warranty. (73) The provision seems to have had the desired effect of providing stability to Connecticut product liability law.
He advances what he describes as a "much more exact science" that can provide "unimpeachable" testimony for causes-in-fact, concurrent causes,
breach of warranty, design defects, and other issues in organizational liability litigation through forensic business pathology.
It advises on a wide range of commercial issues, including
breach of warranty and covenant claims arising out of asset and share sales agreements, and shareholder and partnership disputes.
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.
Courts have held that low prices do not necessarily provide sufficient notice to deny a claim for
breach of warranty. However, a price that is too good to be true might trigger an obligation on the part of the buyer to investigate.