Expansion of Implied Warranty Coverage Under the DTPA: Service Contracts

Date

1986

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Discusses implied warranties under the Texas Deceptive Trade Practices Act in relation to the expansion of implied warranties to include an implied warranty to perform service contracts. The article starts by discussing the history of implied warranties. The article then discusses the misinterpretation of precedent by the lower courts in expanding an implied warranty through several theories, including semantics theory, sales-service distinction, and the construction contract theory. The article then weighs policy factors on whether implied warranties should be extended. The article concludes by discussing related questions and problems.

Description

Keywords

Contract law, Texas Deceptive Trade Practices Act, Texas

Citation

17 Tex. Tech L. Rev. 917