Chrysler Corporation, f.k.a. Chrysler Holding Corporation, as Successor by Merger to Chrysler Motors Corporation and Its Consolidated Subsidiaries - Page 14




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          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”.                                                                   




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