California Civil Jury Instructions (CACI) (2017)

3220. Affirmative Defense - Unauthorized or Unreasonable Use

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3220.Affirmative Defense—Unauthorized or Unreasonable Use
[Name of defendant] is not responsible for any harm to [name of plaintiff]
if [name of defendant] proves that any [defect[s] in the [consumer good]]
[failure to match any [written/implied] warranty] [was/were] caused by
unauthorized or unreasonable use of the [consumer good] after it was
sold.
New September 2003; Revised February 2005
Sources and Authority
• Unauthorized or Unreasonable Use. Civil Code section 1794.3.
Secondary Sources
4 Witkin, Summary of California Law (10th ed. 2005) Sales, §§ 314, 315
California Products Liability Actions, Ch. 8, Defenses, § 8.07[7] (Matthew Bender)
44 California Forms of Pleading and Practice, Ch. 502, Sales: Warranties, § 502.51
(Matthew Bender)
5 California Civil Practice: Business Litigation § 53:59 (Thomson Reuters)
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