Exam 22: Product Liability: Warranties and Strict Liability

Both design and manufacturing defects can subject a manufacturer or seller to product liability.

Strict product liability exists if:

An express warranty may consist of a sample.

Which of the following would most likely be a defect under 402A of the Restatement of Torts?

Alec buys a car stereo and he later discovers it had been stolen by the seller.He can sue the seller for breach of warranty.

The liability of manufacturers and sellers of goods for a defective product or for its failure to perform adequately may be based on one or more of the following: negligence, misrepresentation, violation of a statutory duty, warranty, and strict liability in tort.

Warren drives his car knowing that the brakes are defective and has an accident in which the car is damaged and he is injured.He will likely be unable to recover from the manufacturer, because he voluntarily assumed the risk of the defective brakes.

Lucille bought a new lawn mower on sale at a local discount store.The mower did not come with an instruction book nor did it have warning labels placed near dangerous parts of the mower.If Lucille injures herself while using this mower, she can claim that she purchased a defective product.

a.What is the Magnuson-Moss Warranty Act? What is its purpose? b.What is a statute of repose? Why have some states adopted such statutes?

Ed buys a car from a friend "as is." The friend tells him, "In my opinion, this car is in excellent mechanical condition." The friend has made an express warranty.

Whether an implied warranty arises out of the circumstances under which the parties enter into a contract may depend on:

The main provision of the Restatement (Third) of Torts, Section 2, recognizes three types of product defects: manufacturing defects, design defects, and failure to warn, but it imposes strict liability only for manufacturing defects.

Alice is browsing in a commercial art gallery when she sees a painting that she likes.Arthur, who is the manager of the gallery, tells her that in his opinion the painting is a genuine Leroy Neiman work.Based upon that representation, Alice buys the work for $5,000.She later discovers that the painting is only a cheap copy of the original that is worth no more than $50.Arthur has:

Despite 402A's bar of contributory negligence in strict liability cases, some courts apply comparative negligence to strict liability cases.

Contributory negligence is a defense to a warranty of merchantability cause of action.