California Civil Jury Instructions (CACI) (2017)

VF-3204. Breach of Implied Warranty of Merchantability

Download PDF
VF-3204.Breach of Implied Warranty of Merchantability
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]?
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. At the time of purchase, was [name of defendant] in the business
of [selling [consumer goods] to retail buyers] [manufacturing
[consumer 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. Was the [consumer good] of the same quality as those generally
acceptable in the trade?
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. What amount is [name of plaintiff] entitled to receive as
restitution to [him/her] for the [consumer good]?
$
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 December 2010
Directions for Use
The special verdict forms in this section are intended only as models. They may
441
0061
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. 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. Omit questions 4 if the
plaintiff is not seeking consequential damages.
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.
VF-3204 SONG-BEVERLY CONSUMER WARRANTY ACT
442
0062