3210. Breach of Implied Warranty of Merchantability Essential Factual Elements

3210. Breach of Implied Warranty of Merchantability--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that the [consumer good] did not have the quality that a buyer would reasonably expect. This is known as "breach of an implied warranty." To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of plaintiff] bought a[n] [consumer good] [from/manufactured by] [name of defendant]; That at the time of purchase [name of defendant] was in the business of [selling [consumer goods] to retail buyers/manufacturing [consumer goods]]; and That the [consumer good] [insert one or more of the following:] [was not of the same quality as those generally acceptable in the trade;] [or] [was not fit for the ordinary purposes for which the goods are used;] [or] [was not adequately contained, packaged, and labeled;] [or] [did not measure up to the promises or facts stated on the container or label.] ________________________________________________________________________________ New September 2003; Revised December 2005, December 2014 3.