CJI-Civ. 14:10

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim of breach of implied warranty of merchantability, you must find all of the

following have been proved by a preponderance of the evidence:

1. The defendant sold the (insert description of article);

2. The plaintiff is a person who was reasonably expected to use, consume or be

affected by the product;

3. The defendant was a merchant with respect to the type of product involved;

4. The (description of article) was not of merchantable quality at the time of sale;

5. This breach of warranty caused the plaintiff (injuries) (damages) (losses); and

6. Within a reasonable time after the plaintiff discovered or should have discovered

the alleged breach of warranty, the plaintiff notified the defendant of such breach.

If you find that any one or more of these (number) statements has not been proved,

then your verdict (on this claim) must be for the defendant.

On the other hand, if you find that all of these (number) statements have been

proved, (then your verdict must be for the plaintiff) (then you must consider the

defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete

defense to plaintiff’s claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.