Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Warranties-Motor Vehicles.  

Warranties-Motor Vehicles-Statutes

See Va. Code § 46.2-1539 requiring dealers to submit vehicle to state inspection prior to transfer.

Warranties-Motor Vehicles-Cases

1984 Gasque v. Mooers Motor Car Co., 227 Va. 154, 313 S.E.2d 384.

Plaintiffs in this case bought Fiat and alleged significant ongoing problems. They sued for revocation of acceptance. Prerequisites for this under Va. Code § 8.2-608 are: substantial impairment of value to buyer, and action within reasonable time and before any substantial change in condition of goods which is not caused by their own defects. Buyer must offer objective evidence showing that goods failed to conform to terms of contract and that nonconformity substantially impairs value of goods to buyer. In deciding whether or not revocation is applicable, fact finder must resolve additional issues: whether buyer unreasonably delayed giving notice of revocation; whether condition of goods had substantially changed; whether buyer had made unjustified use of goods after giving notice of revocation. After giving notice of revocation, buyer holds goods as bailee for seller. In this case, buyer continued using automobile substantially after giving notice of revocation. Court held that buyer’s continued use of automobile in this case was wrongful, and therefore returned verdict in favor of defendants.

1982 Ford Motor Co. v. Bartholomew, 224 Va. 421, 297 S.E.2d 675.

Plaintiff awarded damages for design defect in automobile transmission that caused vehicle to slip into reverse gear. Absent established norm in industry, it was matter of opinion of trained experts what design was safe for its intended use.

1976 Marshall v. Murray Oldsmobile Co., 207 Va. 972, 154 S.E.2d 140.

Suit for rescission of sale of automobile on theory of breach of implied warranty of fitness. Such warranty held excluded by language of disclaimer in express warranty. Such disclaimer not invalid as contrary to public policy.

1965 Smith v. Mooers, 206 Va. 307, 142 S.E.2d 473.

Independent of statute and absent fraud, there is generally no implied warranty of quality or condition in sale of used car.

For more information on warranties see the pages on Wikipedia.