An interesting appellate case upheld a jury verdict in favor of a woman who bought a new Mercedez-Benz C320. Isip v. Mercedes-Benz USA, LLC, (Sept. 12, 2007; Review Denied Nov. 28, 2007) 155 Cal. App. 4th 19. The buyer’s new car soon car began to issue...
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Judges Are Not Like Pigs: UCC 2-725 allows short 1-year statute of limitations for breach of warranty claim
What is the statute of limitations for breach of warranty claims? Under UCC 2-725 (1), the default limitations period is the later of four years from the breach, or one year from discovery. The parties can substitute a shorter limitations period (at least in...
UCC § 4A-505. Zengen is a Zinger! Recovering money taken with an unauthorized payment instruction.
UCC § 4A-505 requires a bank customer to “notify the bank of the customer’s objection” within one year. Suppose your company employee forges the CEO’s name and faxes the bank payment instructions directing the bank to transfer funds into the employee’s own account....
UCC 2-312–“Rightful Claim” of Breach of Warranty Against Patent Infringement May Be Asserted At Outset of Lawsuit
What is a “rightful claim” of patent infringement, allowing the buyer to sue seller for breach of the UCC 2-312 statutory warranty against claim of infringement? The 2-312 statutory warranty against infringement may be triggered when the purchaser is sued, even if the...
Careful Advance Planning Helps Your Claim
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...