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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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