Legal Opinion
Provident Bank v. Barnhart
Ohio Court of Appeals
Decided August 11, 1982No. C-810565 and 810566PublishedCited by 15 opinions
1Opinion of the CourtBlack, J.
The primary issues in this appeal are (1) whether a consumer’s defense against a retail seller may be asserted against the financial institution to which the retail installment contract was assigned, under a “Notice of Preservation of Claims and Defenses” inserted in the contract pursuant to a Federal Trade Commission (FTC) regulation; and (2) whether the financial institution’s recovery against the consumer must be limited in amount by the doctrine of avoidable consequences (sometimes called the duty to mitigate damages).
I
The retail installment contract was executed on August 23, 1978, by…
2Cases cited6 opinions
- Unico v. OwenSupreme Court of New Jersey · 1967
- F. Enterprises, Inc. v. Kentucky Fried Chicken Corp.Ohio Supreme Court · 1976
- Maloney v. General Tire Sales, Inc.Ohio Court of Appeals · 1973
- Security Central National Bank v. WilliamsOhio Court of Appeals · 1976
- Aillet v. Century Finance Co.Louisiana Court of Appeal · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- First Fin. Bank, N.A. v. CooperOhio Court of Appeals · 2016
- Hardeman v. Wheels, Inc.Ohio Court of Appeals · 1988
- Thomasville Furniture Industries, Inc. v. Elder-Beerman Stores, Corp.District Court, S.D. Ohio · 1998
- Orrenmaa v. Cti Audio, Inc., 2007-A-0088 (8-22-2008)Ohio Court of Appeals · 2008
- Uap-Columbus Jv326132 v. O. Valeria Stores, Inc., 07ap-614 (2-14-2008)Ohio Court of Appeals · 2008
10 more not listed; retrieve them via the Exa API.