CACI VF-3205 Breach of Implied Warranty of Merchantability—Affirmative Defense—Disclaimer of Implied Warranties
California Civil Jury Instructions CACI
VF-3205 Breach of Implied Warranty of Merchantability—Affirmative Defense—Disclaimer of Implied Warranties
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]?
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.At the time of purchase, was [name of defendant] in the business of [selling [consumer goods] to retail buyers] [manufacturing [consumer 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.Was the [consumer good] of the same quality as those generally acceptable in the trade?
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.At the time of sale, was the [consumer good] sold on an “as is” or “with all faults” basis?
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.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
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
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, and CACI No. 3221, Affirmative Defense—Disclaimer of Implied Warranties. 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.
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.