Wis JI-Civil 3310

The Magnuson-Moss Warranty Act is a federal law that provides for certain rights

in connection with warranties and service contracts applying to consumer products.

Under the Magnuson-Moss Warranty Act, (plaintiff) has the burden of proving the

following elements:

1. that (defendant) supplied (plaintiff) with a (name of consumer product) that

was defective or that malfunctioned;

2. that the defect or malfunction was covered by the warranty;

3. that (plaintiff) afforded (defendant) or defendant’s representative a

reasonable opportunity to repair the defect or malfunction;

4. that (defendant) failed to repair the (name of consumer product) at no

charge to (plaintiff) within a reasonable time.

If (plaintiff) proves these elements, then (defendant) violated the Magnuson-Moss

Warranty Act.

The act does not allow (defendant) an unlimited time to perform repairs that are

required to be performed under a written warranty. Rather, the repairs must be performed

within a reasonable time. It is for you to determine what is a reasonable time based on

the facts and circumstances as you find them.

[It is not a defense to (plaintiff)’s claim that (defendant) tried to fix the (name of

consumer product) within a reasonable time but was unable to do so. Commendable

efforts alone do not relieve the defendant of its obligation to repair under the warranty.]

SPECIAL VERDICT

Question 1: Did (defendant) supply (plaintiff) with a (name of consumer

product) that was defective or that malfunctioned?

Answer: ____________

Yes or No

Question 2: If you answered “yes” to question 1, answer this question:

Was the defect or malfunction covered by the terms of the warranty?

Answer: ____________

Yes or No

Question 3: If you answered “yes” to question 2, answer this question:

Did (plaintiff) provide (defendant or defendant’s representative) a

reasonable opportunity to repair the defect or malfunction?

Answer: ____________

Yes or No

Question 4: If you answered “yes” to question 3, answer this question:

Did (defendant or defendant’s representative) fail to repair the defect

or malfunction within a reasonable time?

Answer: ____________

Yes or No

Question 5: If you answered “yes,” to question 4, answer questions 5a & b:

a) What is the difference, if any, between the value of the (name of

consumer product) if it had been as warranted and the value of the

(name of consumer product) with the defect or malfunction?

Answer: ____________