Section 8 Damages for Breach of Implied Warranty

• Library: Consumer Law and Practice 2010

In a breach-of-implied-warranty case, the successful plaintiff is entitled to either the cost of repair or the diminution in value as a result of the faulty construction, whichever is lower. Ribando v. Sullivan, 588 S.W.2d 120, 124 (Mo. App. W.D. 1979). The rationale for the rule is that the injured party is entitled to recover as damages only a sum that is equivalent to performance of the bargain - that is, to be placed in the position they would have been in if the builder had fulfilled the contract in a...