Commercial Law
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Authors
Bates, Frederick Hayze
Issue Date
1982
Volume
15
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In Koperski v. Husker Dodge, Inc., the Nebraska Supreme Court addressed the issue of whether the purchaser of a defective automobile had properly revoked acceptance of the vehicle in accordance with Nebraska U.C.C. section 2-608. The court held that the plaintiff, Koperski, had not properly revoked her acceptance because she failed to show the vehicle's value had been substantially impaired. The court further held that the defendant's repair and replacement warranty had not failed of its essential purpose because repair work was performed on the vehicle each time it was returned for servicing. The Nebraska court rejected the subjective test of substantial impairment of value contemplated by the Code, and instead adopted a dollar value test, contrary to other jurisdictions faced with the same issue...
Description
Citation
15 Creighton L. Rev. 170 (1981-1982)
Publisher
Creighton University School of Law