In re Toshiba America HD DVD Marketing and Sales Practices Litigation
United States District Court for the District of New Jersey
69 U.C.C. Rep. Serv. 2d 1085 (2009)
Relevant factsFree
After the format war between Toshiba's (defendant) HD DVD and Sony's competing Blu-ray concluded in Blu-ray's favor, with major studios abandoning HD DVD, Toshiba discontinued future HD DVD player production despite having advertised its players as being "For Today, Tomorrow and Beyond"; consumers (plaintiffs) who had purchased Toshiba HD DVD players sued for breach of express warranty and other claims, arguing the slogan promised ongoing format support that Toshiba's market exit breached.
IssueFree
Is an express warranty created when a seller makes a promise or affirmation of fact relating to the goods that becomes part of the basis of the bargain?
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