Exam 20: Warranties and Product Liability

CutUp Corporation makes knives. A knife owner files a product liability suit against CutUp, alleging a manufacturing defect. CutUp's knives may suffer from a manufacturing defect

An express warranty can result from a description of a product on a package.

A product is defective if a warning would make the use of the product reasonably safe but the warning is omitted.

Even when the dangers associated with certain products are commonly known, manufacturers must warn users.

Fred buys running shoes from Gear Store, a shoe store specifically for runners and staffed by seasoned racers. He tells the clerk that he wants the shoes to compete in High Pace Triathlon. The clerk recommends the TriRace model. The shoes break apart during the competition, causing Fred to fall and sustain an injury. The seller most likely breached

Most states consider the negligent actions of the plaintiff when determining liability and damages in a product liability case.

If a warranty of infringement is breached and the buyer is sued by the claim holder, the buyer must notify the seller.

Bob is shopping in Carl's Hardware Store when a nail gun in use by Dan, one of Carl's employees, fires without warning and hits Bob in the leg. Carl checks the gun and discovers that it was assembled improperly. Bob files a suit against Eagle Tools, Inc., the company who sold the nail gun to Carl's , for product liability, on the ground of strict liability. What are the elements for an action based on strict liability? In whose favor is the court likely to rule and why?

Quade is an expert in twentieth-century art. Rachel visits Quade's gallery, seeking to buy artwork as an investment. Quade shows her a painting that in his opinion is by Picasso. Quade's statement is

Under most circumstances, sellers will be presumed to have warranted that its title to the goods is

A seller or lessor cannot disclaim oral express warranties.

If the misuse of a product is reasonably foreseeable, the seller does not have to take measures to guard against it.

Kanye goes to a Lawn & Yard store to tune up his mower. Marty, the service technician, learns that Kanye's lawn is overgrown and rocky, and advises the use of a certain type of oil, plug, filter, and blade. Later, the mower breaks down due to the use of the items recommended by Marty. Kanye may recover from Lawn & Garden for breach of

To create an express warranty, a seller or lessor must state that he or she has a specific intention to make a warranty.

A merchant is not deemed to warrant that the goods delivered are free from any patent, trademark, or copyright claims of a third person.

To create an express warranty, a promise must become part of the "basis of the bargain."

Ski Shop sells a pair of skis to Tammy. When Tammy uses the skis, they snap in two. The cause is something that the seller did not know about and could not have discovered. This is a breach of

Ann buys a backhoe from Big Equipment Inc. Ann is unaware that Credit Company holds a lien against the backhoe. If Credit repossesses the backhoe, Ann can

The implied warranty of fitness for a particular purpose cannot be disclaimed.

The implied warranty of merchantability can be disclaimed by the expression "as is."