Exam 13: Product Advertising and Liability

A sale of a toaster at a garage sale is covered by the warranty of merchantability.

Discuss why the Consumer Product Safety Improvement Act included rules for resellers of certain types of products.

To establish an express warranty under the UCC,the buyer must produce evidence that the seller used the term "warrant" or "guarantee."

Contributory negligence:

Passengers injured in a plane crash caused by the plane's defective design have no rights of recovery against the airplane manufacturer.

Under the foreign-natural test,restaurants have no liability for injury caused by natural items,such as bones in chicken dishes,and pits in cherry pie dishes.

Which of the following is not an express warranty?

Which of the following does $\underline{\text{not}}$ constitute an express warranty?

The FTC can issue an order to halt a comparative ad if information used in the ad is inaccurate.

A salesperson who recommends a fertilizer to a customer for the customer's described purposes is not making a warranty.

When a customer tells a pet store employee that she wants two female gerbils,but receives one male and one female gerbil who later have baby gerbils,the pet store has breached the implied warranty of fitness for a particular purpose.

A children's Halloween make-up kit states that it is "non-toxic." Several children developed severe rashes and eye infections following use of the product on Halloween.Does the manufacturer have any liability?

An internal memo in a company that acknowledges the risk of a product prior to the product's release without any kind of change establishes proof for punitive damages under a negligence theory of product liability.

A candle has the following label: "NEVER LEAVE A BURNING CANDLE UNATTENDED." The warning:

Ralph Walters wanted to begin an exercise program and decided to enroll in a local aerobics class.He was told that he would need proper aerobic work-out shoes.Ralph went to an athletic shoe store and explained his needs to the sales clerk and also added that since he had never done aerobics,he was unsure what type of shoe he would need.The sales clerk recommended a shoe that Ralph purchased.When Ralph arrived at aerobics class,his instructor said his shoes were not appropriate for aerobics and that Ralph might injure himself if he used them for the workout.When Ralph returned to the store with the shoes,the store refused to exchange them,citing the three-day limitation on returns.Suppose Ralph's sales receipt had stamped on it in red letters "AS IS." The shoe store:

Which of the following would be a "defect" for purposes of 402A?

Caveat emptor is a Latin term meaning "let the buyer beware."

Susan Hewitt is eating a bowl of cream of broccoli soup in a bistro when she notices a portion of a caterpillar on her spoon.Susan's best basis for recovery is:

Improper packaging that results in an injury can be a basis for product liability.

Many school buildings constructed from 1930 to 1970 had asbestos insulation in them.Presently the schools are undertaking a massive program to replace the insulation and at substantial cost.Could the schools turn to asbestos manufacturers for recovery of the costs? What if students who were exposed to the asbestos during the time they attended the schools develop asbestosis or lung cancer? Where can the students turn?