Last updated: 4/13/2015
185.02. Magnuson-Moss Act-Issues Made by the Pleadings
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Description
185.02 Magnuson-Moss Act--Issues Made by the Pleadings [1] [The Plaintiff claims that he sustained damages as a [purchaser] [lessee] of a [vehicle] [product] [manufactured] [sold] [leased] [distributed] [supplied] [warranted] by the Defendant.] [2] The Plaintiff further claims that the defendant violated the Magnuson-Moss Act in that: a. [the Defendant breached a written warranty given with the [vehicle] [product]. Set forth in simple form without undue emphasis or repetition those allegations of the complaint as to breach of a written warranty which have not been withdrawn or ruled out by the court and are supported by the evidence.] b. [the Defendant breached the implied warranty of merchantability given with the [vehicle] [product]. Set forth in simple form without undue emphasis or repetition those allegations of the complaint as to breach of the implied warranty of merchantability which have not been withdrawn or ruled out by the court and are supported by the evidence.] [3] The Plaintiff further claims that damages resulted in whole or in part from one or more of the alleged violations of the Act. [4] The Defendant denies that it violated the Magnuson-Moss Act as claimed by the Plaintiff. [5] The Defendant further denies that any of the alleged damages resulted, in whole or in part, from any violation of the Act. [6] The Defendant further denies that the Plaintiff sustained damages [to the extent claimed]. [7] The Defendant also sets up the following affirmative defense[s]: [Set forth in simple terms without undue emphasis or repetition those affirmative defenses to warranty enforcement in the answer which have not been withdrawn or ruled out by the court and are supported by the evidence.] [8] The Plaintiff denies that [summarize affirmative defense or defenses]. Instruction approved January 2007.