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Ford Motor Co. v. Moulton

Supreme Court of Tennessee
511 S.W.2d 690 (1974)

Facts

Charles and Pauline Moulton (plaintiffs) bought a car from Ford Motor Company (Ford) (defendant). The sales contract contained a disclaimer of all implied warranties, as well as a one-year, 12,000-mile express warranty. While Charles was driving, the car suddenly veered off the road, causing him serious injury. The Moultons brought suit for breach of express and implied warranties. The trial court, relying on the disclaimers, dismissed the claims for failure to state a cause of action. The court of appeals affirmed. The Moultons appealed.

Rule of Law

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Issue

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Holding and Reasoning (Chattin, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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