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Careful Advance Planning Helps Your Claim

| Nov 29, 2007 | Firm News |

Tip No. 1: Check the UCC before you draft your complaint. Look down the litigation freeway at the upcoming “exit” signs. Will you be forced off the road before you get to your destination?

Carefully compare your contract documents with the code provisions, and the recent rulings in your court. In a sales case, does your claim involve a warranty? Express or implied? 2-313 vs. 2-314, 2-315. What defenses will be asserted? Is there a valid disclaimer of warranties? 2-316. A limitation on remedies? 2-719. Any exceptions to the limited remedies? 2-719(3). Careful planning–and careful drafting–will speed the way.