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?
3 Answers from Attorneys
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.
Re: written contracts theory
Products Liability either a manufacturing or design defect, negligence, etc.
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.
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