Staley v. Bouril’s Empirical Analysis

Citation profile

2 federal appellate · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Pugh’s primary rationale for adopting the implied warranty of habitability is that, “the modern tenant is not interested in land, but rather bargains for a dwelling house suitable for habitation.” Id. at 282, 405 A.2d at 902 . Pugh recognizes that, unlike tenants in feudal society to whom “any shelters or structures existing on the land were ‘incidental’ concerns, ... the modern apartment dweller is a consumer of housing services.” Id. at 280-82, 405 A.2d at 901-02 (citation omitted). Thus, “[t]he contemporary leasing of residences envisions one person (landlord) exchanging for periodic payments (rent) a bundle of goods and services, rights and obligations.” Id. at 282, 405 A.2d at 902 (citation omitted). Such goods and services include “not merely walls and ceilings, but also adequate heat, light and ventilation, serviceable plumbing facilities, secure windows and doors, proper sanitation, and proper maintenance.” Id. (citation omitted).”

   1 later decision quote this exact passage
   e.g. 451 F. Supp. 2d 846 - Moorman v. Tower Management Co.

2. “a breach of the warranty occurs where there is a defect “of a nature and kind which will prevent the use of the [lot] for its intended purpose to provide premises fit for habitation....-” [Pugh, 486 Pa.] at 289, 405 A.2d at 905 . “Materiality of the breach is a question of fact to be decided by the trier of fact on a case-by-case basis,” and depends on such factors as “the existence of [regulatory] violations and the nature, seriousness and duration of the defect.” Id. at 289, 405 A.2d at 905-06 (citation omitted).”

   1 later decision quote this exact passage
   e.g. 451 F. Supp. 2d 846 - Moorman v. Tower Management Co.