· 2/13/1989
Bay State-Spray & Provincetown Steamship, Inc. v. Caterpillar Tractor Co.
Citations
- 533 N.E.2d 1350
- 404 Mass. 103
- 7 U.C.C. Rep. Serv. 2d (West) 1415
- 1989 Mass. LEXIS 44
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that action for lost profits and costs of repair concerning defective steamship engines was governed by U.C.C. statute of limitations rather than products liability limitations period
- finding that action for lost profits and costs of repair concerning defective steamship engines was governed by U.C.C. statute of limitations rather than products liability limitations period
- noting that section 2-318 parallels the tort statute of limitations
- breach of implied warranty where malfunction of a ship’s engine resulted in lost profits and required repair costs
- “[W]hen [contract-based] economic loss is the only damage claimed, recovery is not allowed in tort-based strict liability ... or in negligence.”
- when economic loss is only damage claimed, recovery not allowed in tort-based strict liability or negligence
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Wilkins, Abrams, Nolan, O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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