Construction
Aug. 3, 2001
Foundation Fracas
Consumers who sue under a breach of warranty theory to recover damages for the cost to repair or replace defective products need only demonstrate that the product is "inherently defective" and that the defect is substantially certain to manifest during the useful life of the product. Hicks v. Kaufman and Broad Home Corp. , 89 Cal.App.4th 908 (2001).
By Douglas M. Smith
Consumers who sue under a breach of warranty theory to recover damages for the cost to repair or replace defective products need only demonstrate that the product is "inherently defective" and that the defect is substantially certain to manifest during the useful life of the product. Hic...
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