M Civ JI 140.42 Contract Action - UCC: Express Warranty - Burden of Proof

The buyer has the burden of proving:

(a) that the seller made an express warranty, and

(b) that the goods did not conform to the warranty at the time of sale or within the time period covered by the warranty, and

(c) that the buyer notified the seller of the nonconformity within a reasonable time after [ he / she / it ] discovered or should have discovered the nonconformity, and

(d) that as a result of the nonconformity the buyer sustained damages.

Your verdict will be for the buyer if you find that the buyer has proved all of those elements.

Your verdict will be for the seller if you find that the buyer failed to prove any one of those elements.

Comment

MCL 440.2313, .2607(3).

On the requirement of notice, see S C Gray Inc v Ford Motor Co, 92 Mich App 789, 804–805; 286 NW2d 34, 40–41 (1979); Fargo Machine & Tool Co v Kearney & Trecker Corp, 428 F Supp 364, 375 (ED Mich, 1977).

History

M Civ JI 140.42 was added January 1987. Amended January 2020.