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Forest City Stapleton Inc. v. Rogers

Citations

  • 2017 CO 23
  • 393 P.3d 487
  • 2017 WL 1377345
  • 2017 Colo. LEXIS 281

Syllabus

Implied Warranty of Suitability—Privity of Contract—Implied Warranties. The Supreme Court considered whether privity of contract is necessary for a home buyer to assert a claim for breach of the implied warranty of suitability against a developer. The Court concluded that because breach of the implied warranty of suitability is a contract claim, privity of contract is required in such a case. Here, the home buyer was not in privity of contract with the developer and thus cannot pursue a claim against the developer for breach of the implied warranty of suitability. Accordingly, the Court of Appeals' judgment was reversed and the case was remanded for further proceedings.

How courts have described this case

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

  • explaining the principle of “privity of contract,” which “requires that one must be a party to the contract to enforce a term in the contract or an implied warranty arising out of the contract”
  • “Privity of contract between parties has long been a touchstone of contract causes of action”
  • “[C]ontract claims require different proof than tort claims and should be treated separately.” (citation omitted)
  • “Stated simply, privity of contract requires that one must be a party to the contract to enforce a term in the contract . . . .”
  • “Privity of contract between parties has long been a touchstone of contract causes of action. Stated simply, privity of contract requires that one must be a party to the contract to enforce a term in the contract or an implied warranty arising out of the contract.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rice

Read full opinion on CourtListener

Cited by

4 cases in this archive cite this case.

Cites

13 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.