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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Detling v. Edelbrock, 671 S.W.2d 265 (1984)

Citation
Detling v. Edelbrock, 671 S.W.2d 265 (1984)
Parent Document
Detling v. Edelbrock, 671 S.W.2d 265 (1984)
Jurisdiction
Missouri (state)
Effective Date
1984-05-15

Other Sections in This Document (76)

Full Text

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Several rationales have been advanced for replacing the common law with such a warranty, including: (1) doctrinal changes in the law, including recognition of the contractual nature of modern lease agreements and the trend against caveat emptor in favor of a warranty of fitness in consumer transactions; (2) the widespread enactment of state and local housing regulations establishing minimum community standards of habitability; (3) the tenant’s reasonable expectation that property leased for the purpose of human habitation for a designated period of time will be fit for that use for the duration of the lease; and, (4) the belief that tenants lack the means or abilities either to fully inspect modern dwelling units or to maintain the premises during the term of the lease. See King v. Moorehead, supra, at 69-75; Green v. Superior Court,