Before statutory law, the buyer had no express warranty ensuring the quality of goods.
2.
The court agreed that in the previous proceedings " LULA effectively disclaimed alleged express warranties ".
3.
The family and its lawyers are suing Epitope for gross negligence, breach of express warranty, fraud and deceit.
4.
The suit accuses American Cyanamid of violating state consumer-protection laws, breach of express warranty and breach of implied warranty.
5.
The express warranty signed by Mr . Henningsen will apply under contract law even if he did not read all of it.
6.
On the other hand, the phrase " as is " does not disclaim express warranties, such as those created by the seller's description of an item.
7.
Unless the buyer can show that there was some fraud involved, or the seller breached an express warranty, the buyer is not entitled to a refund.
8.
First, it should be pointed out that, where sales are concluded by sample, such a contract contains an express warranty that the bulk of the goods conform to the sample.
9.
In the lawsuit, which went through a six-week trial, he claimed that Philip Morris was guilty of negligence, deceit, false representation, and breach of express warranty and must assume strict liability.
10.
The defendants refused to repair the car under warranty since they claimed the express warranty was limited only to repairing the defective parts and that it was not liable for damages caused by defective parts.
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