Calimlim v. Foreign Car Center, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the trial judge erred in awarding damages for breach of the implied warranty of fitness, breach of the implied warranty of merchantability, and for a violation of c. 93A where these claims were all based on the dealer’s same act of knowingly selling a defective car
• allowing plaintiff to recover multiple damages and attorneys fees for defendant’s willful or knowing conduct and bad faith refusal to settle
• prohibiting recovery of cumulative damages under multiple counts of a complaint
• permitting awards under several counts where the claims and injuries were factually distinguishable, but emphasizing that “where the same acts cause the same injury under more than one theory,” duplicative damages will not be awarded
• permitting awards under several counts where the claims and injuries were factually distinguishable, but emphasizing that “where the same acts cause the same injury under more than one theory,” duplicative damages will not be awarded
• “where the same acts cause the same injury under more than one theory ... duplicative damage recoveries will not be permitted”

Source: CourtListener parenthetical corpus (CC0).