U.S. Tire-Tech, Inc. v. Boeran, B.V.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that, under Texas law, privity of contract is not required for claims of express or implied warranties
• stating that “commencement of litigation [did not] satisfy this notice requirement”
• collecting cases from multiple jurisdictions holding that notice is a condition precedent to a breach of express warranty claim
• “The burden of alleging and proving notice under [section] 2.607(c)(1) is properly placed on the buyer.”
• “[U]nder section 2.607(c)(1), a buyer is required to give notice of an alleged breach of warranty to a remote manufacturer.”
• “The [section 2.607(c)(1)] notice requirement is better described as a condition precedent for a buyer‟s cause of action.”

Source: CourtListener parenthetical corpus (CC0).