Full question:
Purchased new appliance from sales distributor, defective upon delivery and setup. Now they will not take it as return and want me to deal with maker for repairs. What legal recourse do I have to demand replacement rather than attempts at repairing defective new appliance?
- Category: Warranties
- Date:
- State: California
Answer:
Warranties are governed by contract laws principles. The answer will depend on the type and terms of the warranty involved. If the warranty terms state that the product will be replaced if it is defective, a failure to replace a defective item within the warranty period may give rise to a breach of contract claim. However, many warranties give the seller the option to attempt a repair before a replacement will be made.
The answer may also depend on whether there was no written warranty, but there were verbal assurances that a defective item would be replaced rather than repaired. In such cases, an oral contract of a warranty may be found, but oral contracts present evidentiary problems and it is often one person's word against another's.
An unjustifiable failure to perform all or some part of a contractual duty is a breach of contract. A legal action for breach of contract arises when at least one party's performance does not live up to the terms of the contract and causes the other party to suffer economic damage or other types of measurable injury. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. The five basic remedies for breach of contract include the following: money damages, restitution, rescission, reformation, and specific performance. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. Parties injured by a breach are entitled to the benefit of the bargain they entered, or the net gain that would have accrued but for the breach. The type of breach governs the extent of damages that may be recovered.
Restitution is a remedy designed to restore the injured party to the position occupied prior to the formation of the contract. Parties seeking restitution may not request to be compensated for lost profits or other earnings caused by a breach. Instead, restitution aims at returning to the plaintiff any money or property given to the defendant under the contract. Plaintiffs typically seek restitution when contracts they have entered are voided by courts due to a defendant's incompetence or incapacity. Specific performance is an equitable remedy that compels one party to perform, as nearly as practicable, his or her duties specified by the contract. Specific performance is available only when money damages are inadequate to compensate the plaintiff for the breach.
I suggest contacting the local Better Business Bureau if you are unable to resolve the matter directly with the seller.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
