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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)

Citation
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Parent Document
Willard v. PARSONS HILL PARTNERSHIP, 2005 VT 69 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-08-05

Other Sections in This Document (143)

Full Text

519 chars
¶ 50. While the terms of the settlement are not disclosed, plaintiffs received value for dropping their tort claim that remaining defendants negligently failed to disclose a latent defect known to them. Now they want to assert the same theory under the rubric of implied warranty of habitability. No unfairness is caused by denying plaintiffs this additional liability route. They could have gone to trial against defendants under the common-law theory with no elements to prove beyond those in their current complaint.