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UT · jury_instructions

MUJI 2d CV507

Breach of warranty essential elements.

activein force · 2026-08-21 – presentas-observed

To prove breach of warranty [name of plaintiff] must prove all of the following:

(1) [name of defendant] made a warranty [describe warranty]; and

(2) [name of plaintiff] relied on the warranty; and

(3) [name of defendant] reasonably expected that [name of plaintiff] would rely on the warranty; and

(4) [name of defendant]'s services were not as promised in the warranty; and

(5) [name of defendant]'s breach of warranty caused [name of plaintiff]'s harm; and

(6) it was reasonably foreseeable at the time the warranty was made that [name of plaintiff] would be harmed if [name of defendant]'s services were not performed as promised in the warranty.

[To establish breach of an express warranty, [name of plaintiff] does not also have to prove that the [name of defendant] breached the standard of care.]

Provenance

Source
legacy.utcourts.gov
Retrieved
2026-08-22
Edition
2026-08-21
Content hash
78d7a11a8441efe7eb4830e26202188e6aa8eb058e6cc4cf8eed92ab59fb2280
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