Berish v. Bornstein
Supreme Judicial Court of Massachusetts
770 N.E.2d 961 (2002)
During the mid-1980s, several problems existed in the common areas of the Cotuit Bay Condominium, such as water leakage and balconies that were structurally unsound. This resulted in the violation of several Massachusetts building codes As a result, the trustees of the owners’ association, the Trust of the Cotuit Bay Condominium (Trust) (plaintiffs), brought suit against Stuart Bornstein, as well as the original trustees of the owners’ association, and Cotuit Bay Condominium, Inc. (Bornstein) (defendants), claiming that Bornstein was negligent in the condo’s construction, the condition of the condo was misrepresented, and an implied warranty of habitability was breached. The trial court denied Trust’s claim of breach of implied warranty of habitability, ruling that it did not apply when purchasing a home or condominium unit. Trust appealed to the Supreme Judicial Court of Massachusetts.
Rule of Law
Holding and Reasoning (Cordy, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 705,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 705,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,400 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.