Global Quest, Llcv.Horizon Yachts, Inc., Et Al.
Global Quest sued a yacht seller and related parties over alleged fraudulent inducement, contract breaches, and warranty claims arising from the sale and licensing of a series of yachts. The district court entered partial final judgment and granted summary judgment on several claims. The Eleventh Circuit reversed and vacated in part. It held that an “as is” clause did not eliminate a fraudulent-inducement claim based on pre-contract representations, and that the evidence was sufficient to create triable issues concerning the alleged misrepresentations and the parties’ contractual relationships. The court also held that the district court had applied the wrong analysis to portions of the warranty and contract claims. The appellate court left unchallenged rulings intact, reversed summary judgment on the claims properly before it, vacated the partial final judgment, and remanded for further proceedings.
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