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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)

Citation
Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Parent Document
Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Jurisdiction
Massachusetts (state)
Effective Date
1979-11-08

Other Sections in This Document (63)

Full Text

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375 Mass. 633, 640-641 (1978). We said that “[w]arranty liability is not absolute liability .... [A] manufacturer must anticipate the environment in which its product will be used, and it must design against the reasonably foreseeable risks attending the product’s use in that setting.” This quotation, of course, states the proximate cause limitation on the warranty of a manufacturer of goods. There is no suggestion that proof of fault or bad faith is a prerequisite for recovery under such a warranty. Furthermore, in contrast to a claim for injury to person or property, considerations of proximate cause do not affect validity of a claim for rent abatement. 8