24.07 IMPLIED WARRANTY — CONSTRUCTION When someone represents that (he) (she) (it) is qualified to do a particular type of work, (he) (she) (it) has promised two things: (1) to do the work according to the standards of the profession or trade; and (2) that the finished product will be reasonably fit for its intended use. In this case, (party) claims that (other party) failed to keep one or both of these promises. If you decide that it is more likely true than not true that (other party) failed to keep either of these promises, then you must [return a verdict for (party) and decide the amount of damages] [decide whether the law excuses (other party) from failing to keep these promises]. If you decide otherwise, then you must return a verdict for (other party). Use Note This instruction is most frequently used when a plaintiff buyer asserts breach of implied warranty by a contractor. The instruction assumes that the contractor will not deny that he held himself out to be qualified to perform the disputed services. When such an issue arises, e.g., where the contractor claims to have said "this isn't my normal line of work but I'll try it anyway," the jury must first be instructed to decide whether it is more likely true than not true that the contractor expressly or implicitly represented the contractor's qualifications.
24.07 IMPLIED WARRANTY — CONSTRUCTION When someone represents that (he) (she) (it) is qualified to do a particular type of work, (he) (she) (it) has promised two things: (1) to do the work according to the standards of the profession or trade; and (2) that the finished product will be reasonably fit for its intended use. In this case, (party) claims that (other party) failed to keep one or both of these promises. If you decide that it is more likely true than not true that (other party) failed to keep either of these promises, then you must [return a verdict for (party) and decide the amount of damages] [decide whether the law excuses (other party) from failing to keep these promises]. If you decide otherwise, then you must return a verdict for (other party). Use Note This instruction is most frequently used when a plaintiff buyer asserts breach of implied warranty by a contractor. The instruction assumes that the contractor will not deny that he held himself out to be qualified to perform the disputed services. When such an issue arises, e.g., where the contractor claims to have said "this isn't my normal line of work but I'll try it anyway," the jury must first be instructed to decide whether it is more likely true than not true that the contractor expressly or implicitly represented the contractor's qualifications.
24.07.docx