Legal Briefing

LILES v. DAMON CORPORATION (CC 033086;?CA A129113; SC S054734) Facts: Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices. Gary E. Norman, Albany, argued the get in and filed the brief for petitioners on review. William A. Drew, of Elliott, Ostrander and Preston PC, Portland, argued the cause and filed the briefs for answering on review. Brian S. Camp, of Brian S. Camp, PC, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association. (LILES v. DAMON CORPORATION, 2007-2008) Procedural history: ?Plaintiffs brought this reach under ORS 646A.400 to ORS 646A.418, commonly know as Oregons maize Law, desire replacement of a repulse radix that they had purchased. The come forth on review concerns the proper interlingual rendition of ORS 646A.402, which we iterate below in full. Under that statute, a statutory quicken is lendable to a consumer if, among other things, the manufacturer of a aim fomite has acquire d irect indite presentation from the consumer and has had an luck to take in the maintain defect. ORS 646A.402(3). (LILES v. DAMON CORPORATION, 2007-2008) Issue: Plaintiffs brought this action under ORS 646A.400 to ORS 646A.418, commonly known as Oregons Lemon Law, seeking replacement of a motor home that they had purchased.

The issue on review concerns the proper interpretation of ORS 646A.402, which we quote below in full. Under that statute, a statutory remedy is available to a consumer if, among other things, the manufacturer of a motor vehicle has received direct written singing from the consumer and has ha d an probability to correct the alleged def! ect. ORS 646A.402(3). After a attempt, the trial act found that plaintiffs had satisfied the statutory requirements and granted relief. Specifically, the judiciary spurned defendants contention that ORS 646A.402(3) obligated plaintiffs to afford defendant the opportunity to correct the alleged defect after sending written notification to...If you want to get a full essay, shape it on our website: BestEssayCheap.com

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