Introducing A Plaintiff’s Improper Conduct In Va.

Law360, New York (November 13, 2012, 5:48 PM EST) -- There is considerable disagreement among jurisdictions regarding whether a defendant may use defenses normally associated with negligence actions in claims for breach of implied warranties. Unlike many jurisdictions,[1] the Commonwealth of Virginia has refused to allow ex delicto defenses to bleed into actions ex contractu.[2]

As a result of this, in product liability claims, Virginia plaintiffs will sometimes abandon their negligence counts in favor of proceeding on a breach of implied warranty claim to avoid a contributory negligence instruction.[3] The main objective of this strategy is...
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