California Civil Jury Instructions (CACI) (2017)

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

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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]?
1. Yes No
1. 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]?
2. Yes No
2. 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?
3. Yes No
3. 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]?
4. Yes No
4. 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 $ ]
765
0099
[medical expenses $ ]
[other past economic loss $ ]
[a. Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other future economic loss $ ]
[b. Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. 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
Directions for Use
This verdict form is based on CACI No. 1230, Express Warranty—Essential
Factual Elements, and CACI No. 1240, Affırmative 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 he or she 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?”
VF-1206 PRODUCTS LIABILITY
766
0100
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.
PRODUCTS LIABILITY VF-1206
767
0101