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· 8/10/2004

McDonald v. Mazda Motors of America, Inc.

Citations

  • 603 S.E.2d 456
  • 269 Ga. App. 62

How courts have described this case

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

  • “When the purchaser returns the product to the dealer and makes the product available for repair, refusal to repair, unsuccessful repair, or repeated failures of the repair constitute a breach of the express warranty .”
  • expert testimony not required to prove defect in rattling car engine when an average person would know a new car is not supposed to make loud rattling noises.
  • “When a defect in the product exists, the manufacturer and seller are liable strictly in warranty, without evidence of fault or knowledge, where the breach of warranty conditions are satisfied.”
  • “When the purchaser returns the product to the dealer and makes the product available for repair, refusal to repair, unsuccessful repair, or repeated failures of the repair constitute a breach of the express warranty.”
  • no breach of warranty if defect is cured
  • warrantor must have notice of defect

Source: CourtListener parenthetical corpus (CC0).

Judges: Eldridge, Adams, Ruffin

Read full opinion on CourtListener

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.