BLaw Group Assignment Essay

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Pages: 3
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Lauren “Kenzie” Tucker

Group #6 Number 3 answers
3a. List and explain the various defenses that may be successfully raised to a warranty action. Read and be prepared to orally brief and discuss Womco, Inc. v. Navistar International Corporation.
Answer: In bringing a warranty to action, the buyer must prove the following:
1. A warranty existed
2. The warranty has been breached
3. The breach of the warranty proximately cause the loss suffered
4. Notice of the breach of warranty was given to the seller
Answer: In 1993, Womco, Inc. purchased through Price, 30 1993 International Model 9300 tractor trucks manufactured by Navistar. Also, in 1993, C. L. Hall purchased 16 1994 International Model 9300 tractor trucks also manufactured by Navistar through Mahaney, another dealer. Almost immediately after the trucks were used, Womco and Hall (plaintiffs) each had problems with their trucks’ engine overheating. It kept occurring so the plaintiffs took their trucks, which were still covered under warranty, to their dealership for service related to the overheating problem. The dealerships tried to fix them multiple times, but were not successful. It was discovered that the trucks’ radiators were unusually small and could not efficiently cool the engine. Womco and Hall filed suit against Navistar, Price, and Mahaney (defendants). The trial court granted the defendants’ motion for summary judgment based on the affirmative defenses of disclaimer of warranty. Womco and Hall appealed. The appellees contend that the implied warranties were disclaimed. The Texas UCC allows sellers to disclaim both the implied warranty of merchantability as well as the implied warranty of fitness for particular purpose. However, the Appellants argue that Appellees were required to offer proof of the context of the disclaimer prior to signing the contract. Ultimately, the trial court’s order granting summary judgment is reversed as to Appellant’s claims for breach of warranty filed less than 4 years after the delivery of the truck upon which the claim is based and is remanded to the trial court for further
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