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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Parent Document
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction
DC (municipal)
Effective Date
1983-02-25

Other Sections in This Document (206)

Full Text

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The foregoing negligence analysis, derived from a statutory duty to comply with housing codes, is premised on an express or implied warranty of habitability. Id., § 17.6(2); see Old Town Development Co. v. Langford, Ind.App., 349 N.E.2d 744, 763-*5264 (1976). That warranty is derived from a contract theory which does not incorporate a fault element. “Considerations of fault do not belong in an analysis of warranty.” Berman & Sons, Inc. v. Jefferson, 379 Mass. 196, 200, 396 N.E.2d 981, 984 (1979); accord Old Town Development Co., supra, 349 N.E.2d at 767. Because a breach of warranty without regard to fault amounts to strict liability, there are two significant questions: (1) whether such liability is dependent on notice to the landlord, and (2) what kinds of relief are available.