- 14 - petitioner’s liability was fixed by statute,5 that fact alone is insufficient to satisfy the first prong of the all events test. In the instant case we do not find it necessary to determine the exact point in time when the first prong of the all events test would be met. For respondent to prevail on his motion it is necessary only that we determine that the first prong of the all events test has not been met when the vehicles are sold to the dealers. We hold, as was the case in United States v. General Dynamics Corp., supra, the last event in the fixing of liability occurs no sooner than when a claim is filed with petitioner by one of its dealers or by the retail customer. In light of the decision in General Dynamics, we find unpersuasive petitioner’s arguments that the partial statutory nature of its warranty liability fixes the liability for warranty on the date of sale. We also find that there are no genuine issues as to any material fact. Accordingly, An appropriate order will be issued granting respondent’s motion for partial summary judgment. 5For example, petitioner relies on liability being fixed by operation of U.C.C. sec. 2-725(2). Under U.C.C. sec. 2-725(2), 1B U.L.A. 587 (1989), “A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011