Exam 22: Product Liability: Warranties and Strict Liability

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

An implied warranty exists by operation of law.

Greg has been in the business of selling collectible figurines for twenty years. Margaret agreed to buy a set if Greg would also bring her a display case for them. Greg bought one and sold it to Margaret along with the figurines. While placing the figurines in the display case, she ran her hand over the back edge of one of its shelves and cut herself severely. The wood was not finished on that side and nails were protruding through the shelf. Can Margaret sue Greg under strict liability?

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

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:

Section 402A provides that liability exists only if the product reaches "the user or consumer without substantial change in the condition in which it is sold."

Bradley buys a television set that turns out to be stolen. He can sue the seller for breach of warranty.

A salesperson at Lakeview Furniture showed Camila a cherry end table and she ordered one like it to be delivered to her home four weeks later. When the table arrived, it was not made of cherry wood, but of pine. If Camila fails to notify Lakeview of the breach within a reasonable time, she will be barred from any remedy against Lakeview.

Oral warranties made before the execution of a written agreement containing an express disclaimer are subject to the parol evidence rule.

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

Eric bought a new snowmobile from the North Pole Manufacturing Company. After buying the machine, Eric then modified it in order to soup it up. In February, just after a snowfall, Eric was driving the snowmobile, when it tipped over, trapping him beneath it. His leg was severely burned. Eric now wants to sue North Pole for strict liability. Eric:

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?

Article 2A carries over the warranty provisions of Article 2 with relatively minor revisions that reflect differences in:

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

The Code does not label the warranty of title as an implied warranty, despite the fact that it arises out of the sale and not from the words or conduct of the parties.

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:

Matt tells Ron that the snow boots he is selling are capable of protection at temperatures of 20° below zero. Ron orders a pair for his trip to Greenland. Upon delivery the box states "will protect your feet in temperatures down to 30° below zero." The first night's temperature goes down to 27 below. Ron suffers frostbite on all of his toes. Ron then sues for breach of warranty. What is the result?

Bob rented a lawn mower from Scott Rentals. The lawn mower wheel was loose when Bob picked up the mower. When he began to use it, the wheel fell off, causing the mower to tip over onto his foot. Under what theory can Bob hold Scott liable for his injuries?

Statutes of repose were enacted to give consumers more rights against large manufacturers.

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