· 8/23/1995
American Suzuki Motor Corp. v. Superior Court
Citations
- 37 Cal. App. 4th 1291
- 44 Cal. Rptr. 526
- 95 Cal. Daily Op. Serv. 6722
- 95 Daily Journal DAR 11439
- 44 Cal. Rptr. 2d 526
- 27 U.C.C. Rep. Serv. 2d (West) 392
- 1995 Cal. App. LEXIS 821
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a \particular purpose ... envisages a specific use by the buyer which is peculiar to the nature of his business ....\
- explaining that “[a] breach of the warranty of merchantability occurs if the product lacks even the most basic degree of fitness for ordinary use”
- rejecting argument that test for implied warranty is “whether [vehicle] is free of all speculative risks, safety-related or otherwise”
- “An item can “pass without objection” and yet be considerably short of perfection”
- “Courts in other jurisdictions have held that in the case of automobiles, the implied warranty of merchantability can be breached only if the vehicle manifests a defect that is so basic it renders the vehicle unfit for its ordinary purpose of providing transportation”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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