breach of implied warranty claim (Massachusetts) · Go Syfert
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breach of implied warranty claim in Massachusetts

7 Massachusetts opinions name it 3 courts 1986–2011 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Klein v. Catalanogreen
mass · 1982 · cited in 4 Massachusetts opinions naming this issue, 1986–2011
2 sentences

2011Courts apply G.L.c. 260, §2B to breach of implied warranty claims that are in essence negligence claims arising out of expertise given regarding improvements to real property. 15 See Anthony’s Pier Four, Inc., 396 Mass. at 822B823, citing Klein, 386 Mass. at 719 & n. 19 (“Section 2B would bar a breach of implied warranty claim where the elements for breach of implied warranty and for negligence claims are the same”).

1996See also Klein, 386 Mass. at 719-20 (holding that §2B bars a breach of implied warranty claim where the elements for breach of implied warranty and negligence are the same).

14
Slaney v. Westwood Auto, Inc.green
mass · 1975 · cited in 1 Massachusetts opinions naming this issue, 1996–1996
1 sentence

1996“An action pursuant to 93A is ‘neither wholly tor-tious nor wholly contractual in nature.’ ” Standard Register Co. v. Bolton-Emerson, Inc., 38 Mass.App.Ct. 545, 548 (1995) (quoting Slaney v. Westwood Auto, Inc., 366 Mass. 688, 704 (1975).

11
Standard Register Co. v. Bolton-Emerson, Inc.green
massappct · 1995 · cited in 1 Massachusetts opinions naming this issue, 1996–1996
1 sentence

1996“An action pursuant to 93A is ‘neither wholly tor-tious nor wholly contractual in nature.’ ” Standard Register Co. v. Bolton-Emerson, Inc., 38 Mass.App.Ct. 545, 548 (1995) (quoting Slaney v. Westwood Auto, Inc., 366 Mass. 688, 704 (1975).

11
Morris v. Holtgreen
mass · 1980 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986There is no good reason to treat a contractor on realty differently from a manufacturer of chattels, respecting his duties to those injured by his conduct, consequently, the defendant is liable pursuant to the strict liability remedy of G.L. cl06 §-314. cf. Morris v. Holt, 380 Mass. 133,136 (1980); Reynolds v. Preferred Mutual Ins.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Linthicum v. Archambault red
mass · 1979
1 sentence

2008In Linthicum , the “defendant admitted [a] contract was a ‘consumer contract’ for purposes of the breach of implied warranty claim but specifically denied the allegations contained in the plaintiff’s complaint concerning G.L.c. 93A....” Id. at 385 .

12008–2008
McDonough v. Marr Scaffolding Co. green
mass · 1992
1 sentence

2002Implied warranties are also barred by G.L.c. 260, §2B because allowing a party to draft a tort claim that is barred by the statute of repose in the form of a breach of implied warranty claim would “nullify the purpose of the repose provision altogether.” McDonough, 412 Mass. at 642-43 .

12002–2002

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 260, § 2B (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 15 (1993–2024) NY 12 (1992–2026) IL 8 (2015–2026) MA 7 (1986–2011) CO 6 (1974–2020) CA 6 (1995–2025) AL 5 (2003–2010) AZ 4 (2011–2025) FL 3 (1992–2006) OH 2 (2007–2018) IA 2 (2002–2017) MI 2 (2009–2020) MN 2 (2015–2018) MS 2 (2014–2018) IN 2 (2025–2025) NJ 2 (1981–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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