23 May HOW MUCH SHOULD BURRUS RECOVER IN DAMAGES FOR BREACH OF WARRANTY?
Sherman Burrus, a job printer, purchased a printing press from the Itek Corporation for a price of $7,006.08. Before making the purchase, Burrus was assured by an Itek salesperson. Mr Nessel, that the press was appropriate for the type of printing Burrus was doing. Burrus encountered problems in operating the press almost continuously from the time he received it. Burrus, his employees and Itek representative spent many hours in an unsuccessful attempt to get the press to operate properly. Burrus requested that the press be replaced, but Itek refused. Burrus then brought an action against Itek for
1) damage for breach of the implied warranty of merchantability and
2) consequential damage for losses resulting from the presses defective operation. Burrus was able to prove that the actual value if the press was $1,167 and because of the defective press, that his output decreased and he sustained a great loss of paper. I contend that consequential damages are not recoverable in this case since Burrus elected to keep the press and continued to use it. How much should Burrus recover in damages for breach of warranty? Is he entitled to consequential damages??
696 words
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