Monday, August 18, 2014

I have been leasing two propane tanks for three yrs. I found that both tanks have been leaking around the threads of the gauges for yrs. Do ...

Question

I have been leasing two propane tanks for three yrs. I found that both tanks have been leaking around the threads of the gauges for yrs. Do I have the right to receive money back for the loss of propane?



Answer

Probably not. That would be consequential damages, which are generally not recoverable. What you have is a claim for the breach of a warranty for the sale of goods. It is governed by article 2 of the Uniform Commercial Code as adopted in Michigan. (I am assuming that the purchase was in Michigan). You should also consult the seller's / manufacturer's warranty.

This answer is for discussion purposes only and does not constitute legal advice.



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