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| TITLE | Supreme Court Decision 2012Da72582 Decided May 16, 2014【Sales Payment Return, etc.】 [full Text] |
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| Summary | |
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[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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