What is a breach of warranty defense?

A breach of warranty defense is a legal argument used by a defendant in a dangerous products case in California. The argument states that the product in question had a defect and that the consumer was aware of the defect before purchasing it. In other words, the consumer knew about the potential risk ahead of time and is therefore not entitled to compensation for damages caused by the product. The defense can only be used if the consumer knew of the defect before purchasing the product. To support this, the defendant needs to provide proof that the product was not of ‘merchantable quality’ or that it was not ‘fit for its intended purpose’. This could include providing information about how the product was manufactured, its design, composition and operation. A breach of warranty defense may be used in a court of law in California in order to reduce a manufacturer’s liability in a dangerous products case. However, it is important to note that this type of defense is not often successful, as it has to be proven beyond a reasonable doubt that the consumer was aware of the defect before purchasing the product in order for the defense to be successful.

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What is a breach of warranty defense?

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