UT · jury_instructions
MUJI 2d CV1029
Breach of Express Warranty. Elements of claim. (Tort)
In this case, [name of plaintiff] claims that [name of defendant] made an express warranty that [describe the alleged warranty]. To establish this claim, [name of plaintiff] must prove all of the following:
(1) that [name of defendant] made an express warranty about the [product] [that became part of the basis of the parties' bargain] [upon which [name of plaintiff] relied];
(2) that the [product] did not conform to this warranty, resulting in a defective and unreasonably dangerous condition;
(3) that [name of plaintiff] was harmed;
(4) that the defective condition and failure of the [product] to conform to the warranty was a cause of [name of plaintiff]'s harm; and
(5) that [name of plaintiff] could have reasonably been expected to use or be affected by the [product].
[Name of plaintiff] does not have to prove that [name of defendant] knew or should have known that the representation or promise [he] was making was false. [Name of defendant] may be at fault for breach of warranty even if [he] exercised reasonable care in making the statement.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
34d66b84bfd974052cf84f0a60d0923a3ef86871476c6325e695e60883b15511
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