Loews rip off

[not2cleverRed]

P. S.

I neglected to mention a critical consequence of suing Loews for reimbursement of the cost of the extended warranty. Win lose or draw you would have waived all other claims against the retailer including a cause of action to enforce the terms of the warranty.

The reason is because of a standard procedural rule in this county that is designed to prevent multiplicity of lawsuits or splitting causes of action. It requires that all claims against a given defendant or defendants (and/or counterclaims) that arise out of the same transaction or set of circumstances, events or occurrences must be joined in one single action. Otherwise they are deemed permanently abandoned.

For a discussion of the subject, logon to your favorite search engine and use such search terms as rule against splitting causes of action.

Ah, @Litigator22 , your posts with their tortured abuse of the English language never fails to entertain.

 

[TheLegalQuestion]

ha ha. I meant Much Appreciated for bothering to reply.
Thanks everyone.

How about suing to " force performance under the warranty" ?

Its like you buy a lottery ticket for $1 and win a 10 million dollars but the store you purchased it from steals our winning ticket and you are being told that your only recourse is to sue for the $1 ticket.

If that is true many of these scams could be legal. I would hope there is more recourse then that.

You should look up the "Magnuson-Moss Warranty Act"

 

[Taxing Matters]

How about suing to " force performance under the warranty" ?

You don't typically get specific performance in most cases of breach of contract involving goods that are not unique. If money damages are an adequate remedy for the breach then generally specific performance will not be available. Thus, in most cases specific performance is not an available remedy for a breach of a product service warranty. In general, the damages you have for failure to honor a product service warranty are the cost of repairs or the cost to replace the unit, whichever is lower. Others have already addressed the issues relating to suing for reimbursement of the warranty cost.

 

[TheLegalQuestion]

You don't typically get specific performance in most cases of breach of contract involving goods that are not unique. If money damages are an adequate remedy for the breach then generally specific performance will not be available. Thus, in most cases specific performance is not an available remedy for a breach of a product service warranty. In general, the damages you have for failure to honor a product service warranty are the cost of repairs or the cost to replace the unit, whichever is lower. Others have already addressed the issues relating to suing for reimbursement of the warranty cost.

Allow me to play Devil's advocate.

Lets say a dishonest individual starts a 3rd party warranty company and sells tons of warranties for everything.

Cars, refrigerators, electronics, etc... You name it.

However they refuse to honor any warranty.

Lawsuits cost so much money in legal fees, it may not be practical for anyone to really sue and the few that do, you only have to pay out what you were obligated what you were suppose to originally.

My family has received some aggressive phone calls for some auto warranty people and I wonder if there are doing this very thing.

Maybe these aftermarket warranty are a fool's bet if the company is not required to honor them unless compelled in an expensive lawsuit.

 

[Zigner]

Maybe these aftermarket warranty are a fool's bet if the company is not required to honor them unless compelled in an expensive lawsuit.

Like virtually every product, there are good ones and bad ones.