Professional Service Immunity Under the DTPA Comes Up Lame: Archibald v. Act III Arabians, 755 S.W.2d 84 (Tex. 1988)

Date

1989

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

John C. Archibald brought suit alleging negligence, gross negligence, and a violation of implied warranty under the Texas Deceptive Trade Practices Act (DTPA) because of a mare’s destruction after training at Act III Arabians. The Texas Supreme Court reversed and held that because the services offered by Act III Arabians involved the modification of an existing tangible good, there existed an implied warranty that those services would be performed in a good and workmanlike manner. Discusses the implied warranty of good and workmanlike performance under the DTPA.

Description

Keywords

Archibald v. Act III Arabians, Professional service immunity, Texas Deceptive Trade Practices Act, DTPA, Negligence, Good and workmanlike manner, Implied warranty

Citation

20 Tex. Tech L. Rev. 913