San Diego Law Review Issue Search
| Volume | 46 |
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| Month | August |
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| Year | 2009 |
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| Title | Warranties in the Box |
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| Author(s) | James J. White |
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| First Page | 733 |
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| Abstract | I discuss judicial and legislative attempts to deal with the question of whether a warranty, seen for the first time by the buyer after the purchase has been concluded, can be part of the "basis of the bargain". Courts finding no claim sometimes invoke terminology familiar from many tort cases, that there is no "privity" between a manufacturer and a buyer once removed. I suggest how they might be handled in a case today. The proper result is indisputable, only the method is in question; to conclude otherwise would truly make the law an ass. |
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