Exam 22: Product Liability: Warranties and Strict Liability

Terrell asks a salesperson what size of water heater he should buy for a twenty-unit motel.If Terrell purchases a tank based on the salesperson's suggestion, the salesperson's recommendation is:

Implied warranties may be excluded by course of performance, course of dealing, or usage of trade.

An obligation of the merchant-seller that the goods are reasonably fit for general purposes for which they are manufactured and sold, and the goods are of fair average quality is known as:

Hubert bought heavy-duty, sharp hedge clippers to trim the hedges in his yard.In the process of using the clippers, he severely cut his hand.He is now suing the manufacturer because the clippers are unreasonably dangerous.Can he recover? Explain.

Mark tells Leslie that his sweeper has a four-stage allergen filtration system because he was told that when he bought it.Leslie buys the sweeper from Mark, but it does not have the four-stage allergen filtration system.Is Mark liable for breach of warranty?

The warranty of merchantability is found in Section 402A of the Restatement of the Law of Torts.

An express warranty within the meaning of the Code is created by which of the following?

Misuse or abuse of the product is a defense to an action brought under 402A of the Restatement (Second) of Torts.

Fitness for a particular purpose and merchantability are implied warranties that apply only to sales by commercial vendors.

In the In Re L.B.Trucking, Inc.case:

The Magnuson-Moss Warranty Act is administered by the Federal Trade Commission.

Which of the following is generally NOT a defense to a claim against a manufacturer under 402A?

Comment (m) to Section 402A provides that the basis of strict liability rests solely in tort and, therefore, is not subject to contractual defenses.

The word "merchantability" must be mentioned in a disclaimer of an implied warranty of merchantability.

Geoff's fiancée, Susan, comes to meet his parents for the weekend.On Saturday morning, while using Geoff's mother's hair dryer, the blower short-circuits sending sparks across the guest room.Susan's angora sweater and her hands are covered with tiny burns.Susan's mother is a lawyer and wants her to sue the seller of the dryer for breach of warranty.Can she?

An express warranty requires that the warranty be expressed in words.

The Code requires that the affirmations, promises, or descriptions the seller makes be relied on by the buyer to be an express warranty.

In bringing a warranty action, the buyer must prove that:

A warranty of title may be included only by specific language or by certain circumstances.

Section 402A of the Restatement applies only if the defective product is unreasonably dangerous.