Caveat emptor, Builder-vendor liability, Implied warranty, Personal injuries
Contracts | Property Law and Real Estate | Torts
The author points up the decline of caveat emptor as a viable doctrine governing the sale of new homes and analyzes the emergence of implied warranty as a remedy for both structural deficiencies and personal injuries. He argues that the concept of implied warranty tends to obfuscate real distinctions between the builder-vendor’s responsibility for the material integrity of a new home and for personal injuries occasioned by defects therein, concluding that legislation is needed to reestablish a system of order in the law.
Roberts, E. F., "The Case of the Unwary Home Buyer: The Housing Merchant Did It" (1967). Cornell Law Faculty Publications. Paper 1251.
Published in: Cornell Law Review, vol. 52, no. 6 (Summer 1967).