CACI VF-3204 Breach of Implied Warranty of Merchantability
California Civil Jury Instructions CACI
VF-3204 Breach of Implied Warranty of Merchantability
We answer the questions submitted to us as follows:
1.Did [name of plaintiff] buy a[n] [consumer good] [manufactured by/from] [name of defendant]?
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.At the time of purchase, was [name of defendant] in the business of [selling [consumer goods] to retail buyers] [manufacturing [consumer goods]]?
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.Was the [consumer good] of the same quality as those generally acceptable in the trade?
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.What amount is [name of plaintiff] entitled to receive as restitution to [him/her/nonbinary pronoun] for the [consumer good]?
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 December 2010
Directions for Use
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.
This verdict form is based on CACI No. 3210, Breach of Implied Warranty of Merchantability—Essential Factual Elements. See CACI No. VF-3201 for additional questions in the event the plaintiff is claiming consequential damages.
Depending on the facts, question 3 can be modified to cover other grounds for breach of the warranty, as in element 3 of CACI No. 3210. Omit questions 4 if the plaintiff is not seeking consequential damages.
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.