(Download) "JCW Electronics, Inc. v. Pearlirizgarza" by State of Wisconsin in Court of Appeals District III ~ Book PDF Kindle ePub Free
eBook details
- Title: JCW Electronics, Inc. v. Pearlirizgarza
- Author : State of Wisconsin in Court of Appeals District III
- Release Date : January 27, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Chapter 33 of the Texas Civil Practice and Remedies Code apportions responsibility among those responsible for damages in "any cause of action based on tort." TEX. CIV. PRAC. & REM. CODE Γ§ 33.002(a)(1). In this appeal, we are asked whether a claim for breach of implied warranty under article 2 of the Texas Uniform Commercial Code is a tort claim to which Chapter 33s apportionment scheme should apply. The court of appeals concluded that Chapter 33 did not apply to this type of claim because a "complete framework of rights and remedies for transacting parties" was already available under article 2 of the UCC. 176 S.W.3d 618, 633 (quoting Garcia v. Tex. Instruments, Inc., 610 S.W.2d 456, 461 (Tex. 1980)). We disagree and hold that a party who seeks damages for death or personal injury under a breach of implied warranty claim seeks damages in tort and is accordingly subject to Chapter 33.
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