California Civil Jury Instructions (CACI) (2017)

VF-3205. Breach of Implied Warranty of Merchantability - Affirmative Defense—Disclaimer of Implied Warranties

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VF-3205.Breach of Implied Warranty of
Merchantability—Affirmative Defense—Disclaimer of Implied
Warranties
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. At the time of sale, was the [consumer good] sold on an “as is” or
“with all faults” basis?
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. What amount is [name of plaintiff] entitled to receive as
restitution to [him/her] for the [consumer good]?
$
Signed: Presiding Juror
Dated:
443
0063
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
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, and CACI No. 3221, Affırmative
Defense—Disclaimer of Implied Warranties. 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.
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-3205 SONG-BEVERLY CONSUMER WARRANTY ACT
444
0064