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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 Massachusetts Supreme Judicial Court left open the question of other remedies, including consequential damages for personal injury, during the pre-repair period immediately after notice. The Indiana Court of Appeals has announced that the full range of damage remedies will be available for breach of the implied warranty of habitability, but only after actual or constructive notice “and an opportunity to repair.” Old Town Development Co., supra, 349 N.E.2d at 776. Specifically, “the tenant may recover (1) for all damages available under traditional remedies for breach of contract ... including any consequential damages within Hadley v. Baxendale [9 Exch. 341] guidelines; and (2) for personal injury and personal property damage in tort under traditional negligence principles.” Id., 349 N.E.2d at 765, 774.