CACI VF-1206 Products Liability—Express Warranty—Affirmative Defense—Not Basis of Bargain

California Civil Jury Instructions CACI

VF-1206 Products Liability—Express Warranty—Affirmative Defense—Not “Basis of Bargain”


We answer the questions submitted to us as follows:

1.Did [name of defendant] represent to [name of plaintiff] by a [statement/description/sample/model/other] that the [product] [insert description of alleged express warranty]?

 Yes   No

If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

2.Was the resulting bargain between the parties in which [name of plaintiff] decided to [purchase/use] the [product] based in any way on [name of defendant]’s [statement/description/sample/model/other]?

 Yes   No

If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

3.Did the [product] fail to [perform] [or] [have the same quality] as represented?

 Yes   No

If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

4.Was the failure of the [product] to [perform] [or] [meet the quality] as represented a substantial factor in causing harm to [name of plaintiff]?

 Yes   No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

5.What are [name of plaintiff]’s damages?

[a.Past economic loss

[lost earnings $]

[lost profits $]

[medical expenses $]

[other past economic loss $]

Total Past Economic Damages: $]

[b.Future economic loss

[lost earnings $]

[lost profits $]

[medical expenses $]

[other future economic loss$]

Total Future Economic Damages: $]

[c.Past noneconomic loss, including [physical
pain/mental suffering:] $]

[d.Future noneconomic loss, including [physical
pain/mental suffering:] $]

TOTAL $

Signed:Presiding Juror
Dated: 

After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom.


New September 2003; Revised February 2005, April 2007, December 2010, June 2011, December 2016, May 2020


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Directions for Use

This verdict form is based on CACI No. 1230, Express Warranty—Essential Factual Elements, and CACI No. 1240, Affirmative Defense to Express Warranty—Not “Basis of Bargain.”

The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.

Under various circumstances, the plaintiff must also prove that the plaintiff made a reasonable attempt to notify the defendant of the defect. Thus, if appropriate, the following question should be added before the question regarding the plaintiff’s harm: “Did [name of plaintiff] take reasonable steps to notify [name of defendant] within a reasonable time that the [product] [was not/did not perform] as requested?”

If specificity is not required, users do not have to itemize all the damages listed in question 5. The breakdown is optional depending on the circumstances.

If there are multiple causes of action, users may wish to combine the individual forms into one form. If different damages are recoverable on different causes of action, replace the damages tables in all of the verdict forms with CACI No. VF-3920, Damages on Multiple Legal Theories.

Do not include question 2 if the affirmative defense is not at issue.