Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Warranties-Disclaimers.

Warranties-Disclaimers-Statutes

See Va. Code § 8.2-316.

Warranties-Disclaimers-Cases

1995 Bridgestone/Firestone v. Prince William Square, 250 Va. 402, 463 S.E.2d 661.

Owner sued contractor for defective roof. Warranty provided that contractor was not liable for damage caused by material it did not provide. Leaks in roof were caused by fasteners that were not provided by contractor and as such contractor not liable.

1985 Armco, Inc. v. New Horizon Dev. Co., 229 Va. 561, 331 S.E.2d 456.

Commercial sale. No written contract. After delivery, there was a written acknowledgment that contained warranty disclaimers in conspicuous writing. It is conspicuous if written so that reasonable person against whom it is to operate ought to have noticed it.

1979 Flintkote v. Wilkinson, 220 Va. 564, 260 S.E.2d 229.

Limitation of remedy need not be in conspicuous writing.

1974 Lacks v. Bottled Gas Corp., 215 Va. 94, 205 S.E.2d 671.

Virginia Commercial Code § 8.2-316(2) requires disclaimers to be “conspicuous” language here held not to meet statutory definition of “conspicuous.”

1967 Marshall v. Murray Oldsmobile Co., 207 Va. 972, 154 S.E.2d 140.

Suit for rescission of sale of automobile on theory of breach of implied warranty of fitness. Such warranty held excluded by language of disclaimer in express warranty. Disclaimer not invalid as contrary to public policy.

For more information on warranties see the pages on Wikipedia.