March 19, 2013
- 343 Sales
- 343VIII Remedies of Buyer
- 343VIII(D) Actions and Counterclaims for Breach of Warranty
- 343k442 Damages
- 343k442(6) k. Expenses or Losses Incurred in Purchase and Use of Articles or in Remedying or Avoiding Consequences of Defects.
Although seller may have breached its implied warranty of fitness with regard to television set, breach could not be regarded as proximate result of ensuing fire which destroyed buyers’ home, since action of buyers in continuing to use set while sparks and smoke were emanating therefrom either amounted to an abandonment of their reliance on seller’s implied warranty or contributory negligence.
Erdman v. Johnson Bros. Radio & Television Co., 271 A.2d 744 (1970)