· 10/20/1980
Prutch v. Ford Motor Co.
Citations
- 618 P.2d 657
- 29 U.C.C. Rep. Serv. (West) 1507
- 1980 Colo. LEXIS 751
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- suggesting that there is an obligation imposed by the UCC on buyers to mitigate incidental and consequential damages caused by a seller's breach
- consumer must establish that the defect arose in the course of manufacturer-distribution and before purchase
- “To impose an impossible or unreasonably onerous burden of proof is to deny many consumers a meaningful remedy.”
- “‘[T]he plaintiffs’ burden is limited to showing a defect existed at the time the [product] in question first came into the plaintiffs’ possession.’”
- “Recovery of lost profits is determined by whether the consequences resulting in damages were foreseeable.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubofsky
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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