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Distributor
Retailer and all middlepersons (learned intermediary, R3d Torts)
Service bulletin
Allows dealers to repair the problem at no cost to the customer even if the warranty has expired. A service bulletin notifies the dealer of the problem and how to resolve it.
Unjust Enrichment
The general principle of unjust enrichment is that one person should not be able unjustly to enrich himself at the expense of another.
BREACH OF WARRANTY
If these warranties are breached (if the promises are broken or if the defendants have misrepresented something), then you may claim the theory of Breach of Warranty.
Unanticipated, Unforeseeable, or Unintended Use
The product was NOT used in the way it was intended to be used. Or, the manufacturer had no way of knowing that a certain person could access the product.
Advertising
The act of calling something to the attention of the public especially by paid announcement.
Dispute Resolution Programs
During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In contrast, in arbitration the third party decides how to settle the problem.
Secret warranties
In dealing with defects in autos & new car parts sometimes free repairs are not publicized, they are called "secret warranties." Some states have passed laws requiring vehicle owners be notified of secret warranties.
Summary Judgment
In a civil action, any party may make this procedural motion, after the Discovery phase, to dispose of the suit before trial has begun.
Prescription Drug
Any donated, previously dispensed, prescription drug Shall not have been adulterated, misbranded, or stored under conditions contrary to standards established by the United States Pharmacopoeia or the product manufacturer.
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