(DOWNLOAD) "Am/Pm Franchise Association v. Atlantic Richfield Company" by Superior Court of Pennsylvania * eBook PDF Kindle ePub Free
eBook details
- Title: Am/Pm Franchise Association v. Atlantic Richfield Company
- Author : Superior Court of Pennsylvania
- Release Date : January 14, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The named plaintiffs claim to be representatives of a class comprised of over 150 gasoline dealers in Pennsylvania and New York who were franchised under agreements with defendant Atlantic Richfield Company. Plaintiffs brought a breach of warranty action against Atlantic Richfield, including counts alleging fraud and breach of the duty of fair dealing. The gravamen of the complaint is that the introduction by Atlantic Richfield of Oxinol as a blending agent in ARCO brand gasoline caused the dealers to lose profits because of a decreased sales volume caused by customer dissatisfaction with the gasoline. Atlantic Richfield filed preliminary objections in the nature of a demurrer to plaintiffs complaint. Atlantic Richfield claimed that the damages sought by plaintiffs, i.e., lost profits caused by the loss of customer satisfaction, are not recoverable as a matter of law in Pennsylvania. The trial court agreed and dismissed the action. We hold that such damages are not recoverable as a matter of law in the present case and, therefore, affirm the order of the lower court.
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