representation in order for it to bring a successful breach of warranty
discharged 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.
But in 2006, the Nature Conservancy discovered the land was contaminated with petroleum and sued Wilder for breach of warranty
. A district court ruled in favor of the Nature Conservancy and ordered Wilder to pay $800,000 in damages.
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.
Violation of privacy laws and regulations also has become one of the fastest-growing litigation areas, with lawsuits accusing companies of negligence in their computer system security, breach of warranty
and failure to properly inform customers following unauthorized access or accidental loss of personal data.
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.
The roughly $42 million lawsuit accused Swinerton which was operating in Oregon as Swinerton Builders of Oregon of breach of contract, negligence and breach of warranty
for construction defects at The Resort at Seaside, an eight-story, 414,970-square-foot beachfront condominium completed in 2003.
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.