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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)

Citation
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Parent Document
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Jurisdiction
Kentucky (state)
Effective Date
1994-10-27

Other Sections in This Document (62)

Full Text

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*930In 1990, the legislature enacted KRS 355.2A which are U.C.C. provisions dealing with leases. This statute contains KRS 355.2A-216 which is parallel to KRS 355.2-318. Both statutes provide a warranty “to any natural person who is in the family or household of the lessee or who is a guest in the lessee’s home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty.” However, the legislature did not stop there in enacting KRS 355.2A-216. The legislature adopted the commentary into the statute. The second sentence of the statute states, “This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons.” The legislature responded to this Court’s decision in Williams v. Fulmer. By adopting the commentary, the legislature signaled to this Court that some extensions of warranties “to other persons” are necessary because of equity considerations and are thereby matters to be considered and decided by this Court.