VF 3205. Breach of Implied Warranty of Merchantability Affirmative Defense Disclaimer | Pdf Doc Docx | Jury Instructions

 California Jury Instructions   32 Song-Beverly Consumer Warranty Act 
VF 3205. Breach of Implied Warranty of Merchantability Affirmative Defense Disclaimer | Pdf Doc Docx | Jury Instructions

Last updated: 10/9/2020

VF 3205. Breach of Implied Warranty of Merchantability Affirmative Defense Disclaimer

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VF-3205. Breach of Implied Warranty of Merchantability--Affirmative Defense--Disclaimer of Implied Warranties Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Did [name of plaintiff] buy a[n] [consumer good] [manufactured by/from] [name of defendant]? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. At the time of purchase was [name of defendant] in the business of [selling [consumer goods] to retail buyers] [manufacturing [consumer goods]]? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Was the [consumer good] of the same quality as those generally acceptable in the trade? ____ Yes ____ No If your answer to question 3 is no, then answer question 4. If you answered yes, stop here, answer no further questions, and have the VF-3205. Breach of Implied Warranty of Merchantability--Affirmative Defense--Disclaimer of Implied Warranties Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 presiding juror sign and date this form. 4. At the time of sale, was the [consumer good] sold on an "as is" or "with all faults" basis ? ____ Yes ____ No If your answer to question 4 is no, then answer question 5. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Signed: Dated: After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. ________________________________________________________________________________ New September 2003, December 2010 What amount is [name of plaintiff] entitled to receive as restitution to [him/her] for the [consumer good]? $ Presiding Juror

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