SB 1017 California Senate · 2009-2010 Regular Session

Sale of goods: breach: damages.

Summary
Existing law governs commercial contracts for the sale of goods and specifies damages that a buyer is entitled to recover upon a seller's breach, including incidental and consequential damages. Consequential damages include any loss resulting from requirements and needs of which the seller had reason to know and that could not be prevented by the buyer through obtaining substitute goods, and injury to person or property proximately resulting from any breach of warranty. This bill would provide that a seller is only liable for consequential damages to a buyer in an action for breach of warranty alleging that a product is defective if the seller is (1) the manufacturer of the product, (2) exercised substantial control over that aspect or aspects of the design, testing, manufacture, packaging, or labeling of the product, (3) altered or modified the product and that action was a substantial factor in causing the harm, or (4) had actual or constructive knowledge of the defect as specified.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2010
Committee Review
Floor Vote
Governor
Introduced Feb 10, 2010 Last action Nov 30, 2010
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
0
Feb 10, 2010
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Bob Huff
Bob Huff
RRepublican
CA
29