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· 1/7/2010

Weinstat v. Dentsply International, Inc.

Citations

  • 180 Cal. App. 4th 1213
  • 103 Cal. Rptr. 3d 614
  • 70 U.C.C. Rep. Serv. 2d (West) 689
  • 2010 Cal. App. LEXIS 5

How courts have described this case

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

  • noting that “[p]re-[U.C.C.] law governing express warranties required the purchaser to prove reliance on specific promises made by the seller” but that the UCC does not; under comment 3, there is a “presumption that the seller’s affirmations go to the basis of the bargain”
  • noting that “[p]re-[UCC] law governing express warranties required the purchaser to prove reliance on specific promises made by the seller” but that the UCC does not; under comment 3, there is a “presumption that the seller’s affirma tions go to the basis of the bargain”
  • noting, however, that the California Supreme Court has declined to resolve the issue
  • stating that, “to prevail on a breach of express warranty claim, the plaintiff must prove (1) the seller’s statements constitute an affirmation of fact or promise or a description of the goods; (2) the statement was part of the basis of the bargain; and (3
  • “All Natural & Organic” cosmetic products
  • \All Natural & Organic\ cosmetic products

Source: CourtListener parenthetical corpus (CC0).

Judges: Reardon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.