Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Search And Seizure- The Inventory Search Of An Automobile
Search And Seizure- The Inventory Search Of An Automobile
University of Richmond Law Review
The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …
Vendor And Purchaser-Abrogation Of Caveat Emptor In New Home Sales By Builder
Vendor And Purchaser-Abrogation Of Caveat Emptor In New Home Sales By Builder
University of Richmond Law Review
Protection against latent defects exists for the purchaser of a forty-nine cent ball point pen under an implied warranty of merchantability, but no such protection prevails for the vendee of a $50,000 home in the absence of fraud, misrepresentation, or an express warranty of condition and habitability. Such is the anomaly created by the doctrine of caveat emptor, still ruthlessly applied in a majority of American jurisdictions. In two cases recently adjudicated, Elderkin v. Gaster and Smith v. Old Warson Development Co., the courts abandoned caveat emptor in the sales of new homes by builder-vendors where latent defects are at …
Warranties-Implied Warranties Of Fitness And Merchantability Held Applicable To The Sale Of Electricity As A Service
University of Richmond Law Review
The Uniform Commercial Code has had a great influence on the development of the doctrine of implied warranties in the sale of goods. However, where a transaction primarily involves the sale of services rather than products, the application of implied warranties under the Code is questionable. The technical requirement of a sale has been the principal obstacle to recovery for breach of implied warranty in the area of service contracts when the rendition of service predominates and the transfer of personal property is incidental to the transaction. Although the sale of goods is not the only transaction in which implied …