· 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 CourtListenerSourced 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.