DE · jury_instructions
Del. P.J.I. Civ. § 9.24
Notice of Breach of Warranty
REQUIREMENT OF NOTIFICATION OF BREACH –
COMMERCIAL SALES
To recover for a breach of warranty, [buyer’s name] must notify [seller’s name]
of the breach within a reasonable time after [he/she/it] discovers or should have
discovered the breach. A buyer notifies a seller by taking reasonable steps to inform
the seller under ordinary circumstances, regardless of whether the seller actually
comes to know of the alleged breach. No particular words or forms are required.
Notice need not be written. Conversations, conferences, and correspondence that
call [seller’s name]’s attention to the defect in the product can constitute notice of
[seller’s name]’s breach.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
df841b30b139346727015afd59e6266c5035df41bec30c52c07720151580b2b2
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