Magliarditi, an independent researcher in Lewiston, N . Y ., is seeking class-action status in U . S . District Court in Buffalo, N . Y ., along with 100 other America Online customers for a lawsuit against the company for breach of warranty.
32.
The lawsuit, filed by Boise attorney Kurt Holzer, alleges negligence, breach of warranty, willful and wanton conduct, design and manufacturing defects and " failure to give adequate warnings to consumers of the dangers not readily apparent from the reasonably foreseeable use " of the helmet.
33.
A lawsuit by a party injured by a product, where the manufacturer failed to properly warn, is usually brought as a " negligence " action, but it could be filed as a " strict liability " claim or as a " breach of warranty of merchantability " case.
34.
Dear General Electric : This is to provide you with notice pursuant to the Texas Deceptive Trade Practices Act ( DTPA ) . . . . As a result of these acts, omissions and breaches of warranties, Geraldine Pickett, deceased, has suffered and will continue to suffer from a progressive and irreversible disease.
35.
:s . 33 ( 3 ) : " If [ a warranty ] be not [ exactly ] complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him before that date ."
36.
In a 1993 paper published in the " Journal of Intellectual Property Law ", Heald explored remedies for copyfraud, suggesting that payment demands for spurious copyrights might be resisted in civil lawsuits under a number of commerce-law theories : ( 1 ) Breach of warranty of title; ( 2 ) unjust enrichment; ( 3 ) fraud; and ( 4 ) false advertising.
37.
Of course, if the agent was aware of the true state of affairs, and acted fraudulently, the agent may be held liable in delict . So too, perhaps, if the agent acted negligently . If the agent warranted that he or she had authority to act for the principal, the agent may be held liable for breach of warranty of authority.
38.
The Exchequer Chamber agreed with this conclusion on the pleadings as they stood, but allowed an amendment, and held the defendant liable; per Martin B . as upon a contract that the sale should be without reserve, and per Willes J . and Bramwell B . upon a breach of warranty of authority to sell without reserve, and Martin B . said at pp . 316-317:
39.
Where a proposer for insurance in respect of a stack of hay stated that the stack was estimated to yield a certain quantity of wheat and chaff, and warranted his answers, the court held that he did not warrant that the stack would in fact yield the quantities stated, and that the insured did not commit a breach of warranty if his estimate was fair and reasonable.
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