Legal Question in Business Law in California

written contracts theory

contract was in writing/bilateral company x bought a crane and it exploded due to defective wiring under what legal theory can they recover damages?


Asked on 7/03/01, 1:06 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: written contracts theory

Breach of warrenty express and implied, and, breach of contract to start. Was the crane new or used? If new include all parties up to the manufacturor. Please call me directly at (619) 222-3504.

Read more
Answered on 7/06/01, 10:50 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: written contracts theory

Products Liability either a manufacturing or design defect, negligence, etc.

Read more
Answered on 7/03/01, 3:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: written contracts theory

A lawsuit, properly pleaded, would assert at least the following theories of liability:

1) Breach of contract;

2) Breach of express warranty;

3) Breach of implied warranty;

4) Strict liability in tort (products liability);

5) Negligence.

The first three are contract-based, the latter two are founded upon tort principles. Theory 4 can be asserted against anyone in the delivery chain, e.g. manufacturer, distributor, etc.

In addition to a law degree I have degrees in engineering and business and could review this case with you if you are in Northern California.

Read more
Answered on 7/03/01, 4:27 pm


Related Questions & Answers

More Business Law questions and answers in California