Business Law II  Assignment 3.

CASE BRIEF:   Billy Cain Ford Lincoln Mercury, Inc. v. Kaminski

496 S.E.2d 521 (Ga. App. 1998)

FACTS:         Sonya Kaminski was sold a Chevrolet Silverado pickup truck from Billy Cain Ford Lincoln Mercury.  Subsequent repair work revealed the truck to

be a GMC rather than a Chevrolet.  Kaminski filed suit for fraud, deceit, and breach of express warranty.

The jury awarded Kaminski $2,823.70 for breach of express warranty and $50,000 punitive damages, plus $10,913.29 for damages under the Fair Business Practices Act and

$9,295 in attorney fees.

ISSUE:    Was there a breach of express warranty and what are the damages?

HOLDING:        Yes, and the damages awarded were correct.

REASONING:    Buyers can receive incidental and consequential damages from breach of warranty.

DISCUSSION POINTS:  Discuss the damages associated with a breach of express warranty using the Billy Cain Ford Lincoln Mercury, Inc. v. Kaminski case.

Be sure back your discussion up with verbiage from the Chapter 27 and that you answer is at least 1 page long