BMGT 380 Lecture 20: 380-20 cases.docx
26 Feb 2015
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Royal indemnity co. v. tyco fire products, lp. Tyco sprinklers failed to go off when a fire started in the apartments. Royal, the insurer sued tyco for a breach of express warranty of future performance. (subrogation) From technical data sheet at installation (parts and how they function) There was corrosion that kept them from working. Said breached four year statute of limitations appealed to sc of va. Don"t say that the sprinkler heads will work correctly for a certain amount of time, it just gives a description of how they operate. Mom dies, kids chooses cherry wood casket for aesthetics. Get concrete vault to prevent water from reaching casket. Don"t say will protect remains and they don"t ask. Because of medical malpractice they exhumed the body and found the casket was cracked and there was separation. Limited warranty to replace at any time prior to burial.
