California Civil Jury Instructions (CACI) (2017)

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

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VF-1207.Products Liability—Implied Warranty of
Merchantability—Affirmative Defense—Exclusion of Implied
Warranties
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] buy the [product] from [name of defendant]?
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 [name of defendant] in the business of selling these goods?
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 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?
3. Yes No
3. 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?
4. Yes No
4. 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]?
5. Yes No
5. 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
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[lost earnings $ ]
[lost profits $ ]
[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 April 2007, December 2010, December 2016
Directions for Use
This verdict form is based on CACI No. 1231, Implied Warranty of
Merchantability—Essential Factual Elements, and CACI No. 1242, Affırmative
Defense—Exclusion of Implied Warranties.
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, where appropriate,
the following question should be added prior to the question regarding the
plaintiff’s harm: “Did [name of plaintiff] take reasonable steps to notify [name of
PRODUCTS LIABILITY VF-1207
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defendant] within a reasonable time that the [product] [was not/did not perform] as
requested?”
If specificity is not required, users do not have to itemize all the damages listed in
question 6. 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.
Question 2 should be modified if the defendant held himself or herself out as
having special knowledge or skill regarding the goods. Question 3 should be
modified if a different ground of liability is asserted under Commercial Code
section 2314(2). Question 6 should be modified if the defendant is asserting other
grounds under Commercial Code section 2316(3). This form should also be
modified if notification is an issue.
Do not include question 3 if the affirmative defense is not at issue.
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