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Caveat Emptor In Sales Of Realty--Recent Assaults Upon The Rule, Leo Bearman, Jr.
Caveat Emptor In Sales Of Realty--Recent Assaults Upon The Rule, Leo Bearman, Jr.
Vanderbilt Law Review
While caveat emptor is still ostensibly the law applicable to sales of realty in every common law jurisdiction, it no longer effectively protects the builder-vendor. In many instances he is now being held liable for damages or rescission for failure to meet what is in result, if not in fact, an implied warranty of good quality and fitness for purpose when he sells a newly constructed home. The expansions of previously settled doctrine by the courts to reach this result have occurred in the areas of implied warranty itself, and in the areas of express warranty, marketable title, fraud,and negligence. …
Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess
Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess
Cleveland State Law Review
The medical evidence is quite strong as to tobacco causation of lung cancer. However, this leaves several legal questions to be answered before a plaintiff can recover from a cigarette manufacturer. The primary question at hand is: Do cigarette manufacturers impliedly warrant that their product is not dangerous to health; or, if not, do they have a duty to warn the public or the consumers in some direct way of the probable dangers to health in smoking. To phrase it differently, recovery will most likely lie in either implied warranty or in negligence, until statutory provisions are made to help …
Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers
Sales - Privity - Disclaimer Of Implied Warranty, Richard W. Odgers
Michigan Law Review
Husband purchased a new automobile from a dealer. The contract of sale contained on its reverse side an express warranty from the manufacturer to the "original purchaser" providing for the replacement of any parts which were returned to the manufacturer and were in its judgment defective. The warranty was " ... expressly in lieu of all other warranties expressed or implied .... " The dealer warranty was substantially identical to that extended by the manufacturer; both adhered to the form prescribed by the Automobile Manufacturer's Association. Shortly after the delivery of the automobile, wife was injured in a collision caused …