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The First Circuit’s Lessons on the Implied Warranty of Merchantability, Foreseeability, and the Critical Differences Between Contract and Tort Claims

Publisher: Federal Bar Association Massachusetts Chapter Newletter
November 26, 2019
Day Pitney Author(s) Keith H. Bensten

Keith Bensten authored a case note, "The First Circuit's Lessons on the Implied Warranty of Merchantability, Foreseeability, and the Critical Differences Between Contract and Tort Claims," published in the Fall 2019 issue of the Federal Bar Association Massachusetts Chapter newsletter. The piece examines the case, AcBel Polytech, Inc. v. Fairchild Semiconductor International, Inc., 928 F.3d 110 (2019), which addressed the key differences between contract-based and tort-based claims for breach of the implied warranty of merchantability.


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