Tuesday, December 3, 2013

Morris v. Mack’s Used Cars case brief

Morris v. Mack’s Used Cars case brief summary
824 S.W.2d 538 (1992)


CASE SYNOPSIS
Plaintiff purchaser appealed from a judgment of the trial court dismissing his action against defendant seller alleging fraudulent concealment, breach of express warranty of title, Tenn. Code Ann. § 47-2-312, breach of express warranty of description, Tenn. Code Ann. § 47-2-313, breach of implied warranty of merchantability, Tenn. Code Ann. § 47-2-314, and violation of the Tennessee Consumer Protection Act, Tenn. Code Ann. § 47-18-104(b)(6),(7).

CASE FACTS
The purchaser brought a car from the seller, and the vehicle was sold "as is." The seller knew but did not disclose to the purchaser that the car was a reconstructed vehicle. The purchaser brought an action against the seller alleging fraudulent concealment, breach of express warranty of title, Tenn. Code Ann. § 47-2-312, breach of express warranty of description, Tenn. Code Ann. § 47-2-313, breach of implied warranty of merchantability,Tenn. Code Ann. § 47-2-314, and violation of the Consumer Protection Act, Tenn. Code Ann. § 47-18-104(b)(6), (7). The trial court dismissed the action, and the purchaser appealed.

DISCUSSION

  • The court reversed the judgment dismissing the action, ruling that an "as is" disclaimer of warranties did not bar an action for deceptive trade practices. 
  • The court held that the waiver of warranty did not waive the purchaser's cause of action for misrepresentation. 
  • The court concluded that to allow the seller to avoid liability for unfair or deceptive acts or practices by disclaiming contractual warranties contravened the broad remedial intent of the Consumer Protection Act.

CONCLUSION
The judgment dismissing the action against the seller was reversed.

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