CACI VF-1207 Products Liability—Implied Warranty of Merchantability—Affirmative Defense—Exclusion of Implied Warranties

VF-1207 Products Liability—Implied Warranty of Merchantability—Affirmative Defense—Exclusion of Implied Warranties

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We answer the questions submitted to us as follows:

1.Did [name of plaintiff] buy the [product] from [name of defendant]?

 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 [name of defendant] in the business of selling these goods?

 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 sale of the [product] include notice that would have made a buyer aware that it was being sold without any representations relating to the quality that a buyer would expect?

 Yes   No

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

4.Was the [product] fit for the ordinary purposes for which such goods are used?

 Yes   No

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

5.Was the failure of the [product] to have the expected quality a substantial factor in causing harm to [name of plaintiff]?

 Yes   No

If your answer to question 5 is yes, then answer question 6. If you answered no stop here, answer no further questions, and have the presiding juror sign and date this form.

6.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 $

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.

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