- Certificate of Merit Statute: Constitutional or Unconstitutional?
- Increased Insurance Premiums: Are They Recoverable from Third-Party Tortfeasors?
- Texas Supreme Court Clarified the Applicable Standard for Proving Attorney’s Fees
- The Oregon Rule and Presumption of Fault
- Drivers’ Liability: The Unavoidable Accident Defense
- Fraudulent Concealment: When does the statute of limitations begin to run for a breach of contract claim, if fraudulent concealment is asserted?
- Application of the Discovery Rule to Breach of Contract Claims
- Proper Procedure to Obtain Entry on Real Property of a Nonparty for Purposes of Inspection and Photographing
- Designating Unknown Responsible Third Parties: How to Properly Designate an Unknown Driver
- Premises Liability: Do Open and Obvious Naturally Occurring Conditions Pose an Unreasonable Risk of Harm?
Showing 2 posts from October 2013.
In subrogation actions, another common avenue of recovery is breach of the implied warranty of merchantability. An implied warranty of merchantability means that by selling a product, a merchant is implying that the product is reasonably fit for the general purpose it is sold for. If the product did not perform its general purpose or is not otherwise reasonably fit, the good is “unmerchantable” – one of the six elements of proving a breach of implied warranty of merchantability. Read More ›
Until recently, Texas appellate courts had broad discretion in setting aside a jury’s verdict, and the courts’ reasoning was permitted a good degree of mystery. Read More ›