Breach of Implied Warranty in Personal Injury Actions: Privity of Contract Not Required

Date
1981
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Law Review
Abstract

Examines the Texas Supreme Court’s decision in Garcia v. Texas Instruments, Inc. The Court in Garcia held that in a personal injury action for breach of the implied warranty of merchantability, a party need not be privy to the contract of sale to be liable. The author is unsure of how this decision will affect the modified comparative negligence statute.

Description
Keywords
Privity, Implied warranty of merchantability, Personal injury, Contract, Negligence, Statute of limitations, Garcia v. Texas Instruments, Inc., Case note
Citation
12 Tex. Tech L. Rev. 1002