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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)

Citation
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Parent Document
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Jurisdiction
Massachusetts (state)
Effective Date
2005-08-12

Other Sections in This Document (37)

Full Text

478 chars
The defendants contend that the plaintiffs cannot maintain an action for breach of the implied warranty of habitability on three grounds: (1) the plaintiff lacks standing because she did not have a lease with the defendants; (2) breach of the implied warranty of habitability does not give rise to a claim for strict liability; and (3) violations of the State Building and Sanitary Codes are not per se breaches of the implied warranty of habitability imposing strict liability.