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TITLE Supreme Court Decision 2012Da72582 Decided May 16, 2014¡¼Sales Payment Return, etc.¡½ [full Text]
Summary
[1] In a sale in-kind where raising a claim under the warranty against defects contradicts the principle of fairness, whether the buyer¡¯s right to claim for replacement of defective goods may be limited (affirmative), and the standards for determining such limitation
[2] Where the Plaintiff, who purchased an automobile from Company A, sought an exchange for a new car against said company on the grounds of a defect in the speedometer which occurred five days after the car was delivered to the Plaintiff, the case holding that the Plaintiff¡¯s claim for replacement of defective goods is impermissible
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