Document Type

Article

Publication Date

Summer 1967

Keywords

Caveat emptor, Builder-vendor liability, Implied warranty, Personal injuries

Disciplines

Contracts | Property Law and Real Estate | Torts

Abstract

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.

Publication Citation

Published in: Cornell Law Review, vol. 52, no. 6 (Summer 1967).

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