Morris v. Mack’s Used Cars
Tennessee Supreme Court
824 S.W.2d 538 (1992)
- Written by Jamie Milne, JD
Facts
When Darrell Morris (plaintiff) purchased a used truck from Mack’s Used Cars & Parts, Inc. (Mack) (defendant), the bill of sale said that that the vehicle was sold as is, without any express or implied warranties. Mack knew, but failed to disclose to Morris, that the truck had previously been wrecked, dismantled, and reconstructed, significantly decreasing its market value. Morris discovered that the truck was a reconstructed vehicle three years later when he made the last payment on his financing and the lender delivered the vehicle’s title to him. Morris then sued Mack for damages, asserting multiple claims, including breach of express warranty, breach of the implied warranty of merchantability, and violation of the Tennessee Consumer Protection Act (TCPA). The trial court held that the bill of sale’s disclaimer insulated Mack from liability, and the state appellate court affirmed. Morris appealed to the Tennessee Supreme Court, arguing that the disclaimer of warranties did not insulate Mack from liability under the TCPA.
Rule of Law
Issue
Holding and Reasoning (Reid, C.J.)
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