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Schiele v. Floor Superstore

A-5735-02T2 (N.J. Super. App. Div. 2004) (Unpublished)

CONTRACTS; UCC; DAMAGES—Under the UCC, the measure of damages for a breach of warranty is the difference between the value of the goods accepted and the value they would have had if they had been as warranted.

An individual claimed that a carpet she purchased had been incorrectly installed. The company that installed the carpet claimed otherwise. Therefore, the company failed to honor numerous repair appointments that the customer had made for them to return to her house and fix the installation. Because of this, the customer became frustrated and wanted a refund and wanted the carpet removed. Thus, the crucial issue at trial was reduced to the measure of damages.

The Appellate Division denied the customer’s claim. A party bringing a claim for breach of contract has the burden of proving all of the elements of its cause of action, including damages. This customer failed to do so. Under the Uniform Commercial Code, where there is a breach of warranty, the measure of damages is the difference between the value of the goods accepted and the value they would have had if they had been as warranted. In this case, the customer failed to present any evidence with respect to the loss of value of the carpet based on the improper installation, nor did she present any evidence as to the cost of hiring an independent installer. Without such evidence, her cause of action failed as a matter of law.


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