Delaware Code Title 6 Sec. 5005 – Costs and attorneys’ fees in breach of warranty actions
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In any court action brought under this chapter by a consumer against the manufacturer of an automobile, or the manufacturer’s agent or authorized dealer, based upon the alleged breach of an express warranty made in connection with the sale of such automobile, the court, in its discretion, may award the plaintiff‘s costs and reasonable attorney’s fees or, if the court determines that the action is brought in bad faith or is frivolous in nature, may award reasonable attorney’s fees to the defendant.
64 Del. Laws, c. 173, § ?1; 66 Del. Laws, c. 36, § ?5; 70 Del. Laws, c. 186, § ?1;
Terms Used In Delaware Code Title 6 Sec. 5005
- Automobile: means any passenger motor vehicle which is leased or bought in Delaware or registered by the Division of Motor Vehicles in the Department of Transportation except the living facilities of motor homes. See Delaware Code Title 6 Sec. 5001
- Consumer: means the purchaser, other than for purposes of resale, of an automobile; a person to whom an automobile is transferred during the duration of an express warranty applicable to the automobile; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty. See Delaware Code Title 6 Sec. 5001
- Dealer: means a person actively engaged in the business of buying, selling or exchanging automobiles at retail and who has an established place of business. See Delaware Code Title 6 Sec. 5001
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Manufacturer: means a person engaged in the business of manufacturing, assembling or distributing automobiles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new automobiles. See Delaware Code Title 6 Sec. 5001
- Plaintiff: The person who files the complaint in a civil lawsuit.
- warranty: means the written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty. See Delaware Code Title 6 Sec. 5001