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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)

Citation
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994) 5.
Parent Document
Cruz Management Co. v. Thomas, 417 Mass. 782 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-05-12

Full Text

701 chars
5. Multiple damages under G. L. c. 93A. We agree with Thomas that the judge erred in failing to find a violation of G. L. c. 93A, §§ 2 (a) and 9, based on the substantial and material breach of the implied warranty of habitability caused by the condition of the premises leased to her. See Dorgan v. Loukas, 19 Mass. App. Ct. 959, 959-960 (1985); Gilleran, The Law of Chapter 93A § 9:6, at 263-264 (1989). See also Maillet v. ATF-Davidson Co., 407 Mass. 185, 193 (1990) (negligent breach of implied warranty of merchant.ability which is substantial violates c. 93A). Thomas is not entitled to an additional recovery of actual damages on this basis. See Simon v. Solomon, 385 Mass. 91, 109-111 (1982).8