Monday, June 06, 2005

Consumer Case - Implied Warranty of Mechantibility

Krack v. Action Motors, 867 A2d 86 (CT 2005)

Held -- dealer who sells used cars breaches implied warranty of merchantibility when it innocently sells car with salvage history, charging buyer price of non-salvaged car
fault is not an element of a case for breach of implied warranty of merchantibility…purpose of implied warranty is not to assign blame

Donald Marritz, MidPenn Legal Services