On 6/7/2021 4:12 PM, Leonard S. wrote:
I consulted with a lawyer who gives a free advice to potential plaintiffs in a Small Court. My question was: What's the statute of limitation if I want to go after a company which sold a product that had such a high failure rate that they spent
millions to settle a class action suit. I was in a minority group of those who bought the product through a channel that the company failed to notify about the class formation.
The answer I got was: the company who sold this high-tech product effectively entered in a contractual relation, so the statute of limitation is 6 years. I don't completely trust the answer because it feels a bit of a stretch to equate a sale with a
contract for this purpose.
What would be an effective way to resolve this uncertainty? I don't want to end up with wasting my time and the cost of complaint by having my case being dismissed at the time of hearing.
A retail sale is a contract. They agreed to sell you the product, you
agreed to pay for it. The whole thing -- including physical transfer of possession -- occurred all at once, but that does not make it any less
of a contract. If you have the receipt, it's a written contract and
subject to that Statute of LImitations. If you didn't save the receipt,
it's effectively an oral contract and subject to that SoL.
--
I do so have a memory. It's backed up on DVD... somewhere...
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