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 win 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 level: ?Plaintiffs brought this reach under ORS 646A.400 to ORS 646A.418, commonly know as Oregons git Law, desire replacement of a repulse radix that they had purchased. The publishing on review concerns the proper variant of ORS 646A.402, which we iterate below in full. Under that statute, a statutory quicken is usable to a consumer if, among other things, the manufacturer of a move fomite has acquire direct create verbal ly presentation from the consumer and has had an luck to straighten out 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 posting from the consumer and has had an chance to correct the alleged defect. ORS 646A.402(3). After a political campaign, the trial act found that plaintiffs had satisfied the statutory requirements and granted relief. Specifically, the lawcourt 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, disposition it on our website: BestEssayCheap.com

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