· 3/21/2005
Knight v. American Suzuki Motor Corp.
Citations
- 612 S.E.2d 546
- 272 Ga. App. 319
- 2005 Fulton County D. Rep. 962
- 56 U.C.C. Rep. Serv. 2d (West) 840
- 2005 Ga. App. LEXIS 278
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Assuming the purchaser has maintained his vehicle in the manner specified, it is the refusal to remedy within a reasonable time, or a lack of success in the attempts to remedy [that] would constitute a breach of warranty”
- trial court erred in granting summary judgment on ground not raised in motion without giving nonmovant proper notice that issue would be considered
- summary judgment improper where nonmovant is not given full and fair notice and an opportunity to respond to particular ground
- summary judgment improper where nonmovant is not given full and fair notice and an opportunity to respond to particular ground
- \Georgia law imposes two conditions before a breach of a written warranty can exist: (1) notice of the defect and (2) a reasonable opportunity to repair the defect.\
- “MagnusonMoss Warranty Act creates no claims except for attorney fees and relies upon state law to create and define implied warranties, breach, and some kinds of damages”
Source: CourtListener parenthetical corpus (CC0).
Judges: Adams, Ruffin, Bernes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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