Document Type


Publication Date

Summer 1967


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.

Publication Citation

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