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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Green v. Superior Court, 517 P.2d 1168 (1974)

Citation
Green v. Superior Court, 517 P.2d 1168 (1974)
Parent Document
Green v. Superior Court, 517 P.2d 1168 (1974)
Jurisdiction
California (state)
Effective Date
1974-01-15

Other Sections in This Document (186)

Full Text

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If the trial court does find a breach of implied warranty, the court must then determine the extent of the damages flowing from this breach. Recent decisions have suggested that in these circumstances the “tenant’s damages shall be measured by the difference between the fair rental value of the premises if they had been as warranted and the fair rental value of the premises as they were during occupancy by the tenant in the unsafe or unsanitary condition.” (Mease v. Fox (Iowa 1972) 200 N.W.2d 791, 797; Boston Housing Authority v. Hemingway (1973)-Mass.-[293 N.E.2d 831, 845]; Academy Spires, Inc. v. Jones (1970) 108 N.J.Super. 395 [261 A.2d 413, 417].)