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Skelton v. General Motors Corp.

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eBook details

  • Title: Skelton v. General Motors Corp.
  • Author : Seventh Circuit United States Court of Appeals
  • Release Date : January 28, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

Section 110(d) of Title I of the Magnuson-Moss Warranty-Federal Trade Commission Improvements Act ("Magnuson-Moss" or the "Act") creates a federal private cause of action for consumers damaged by the failure of a warrantor "to comply with any obligation under ... a written warranty." 15 U.S.C. ร‚§ 2310(d)(1) (1976). The issue on this interlocutory appeal is whether a "written warranty" actionable under ร‚§ 110(d) is limited to the particular promises, undertakings or affirmations of fact expressly defined as "written warranties" by Congress in the Act. The district court held that ร‚§ 110(d) provides a federal cause of action not merely for breach of a "written warranty" as defined in the Act but also for breach of "all written promises presented in connection with the sale of a formally warranted product." 500 F. Supp. 1181, 1190 (N.D.Ill.1980). We reverse.


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