Exam 22: Product Liability: Warranties and Strict Liability

Under Alternative A of the Code's horizontal privity provision, a corporation may bring a case against the manufacturer of a defective product for breach of the warranty of merchantability.

The UCC permits a seller to limit or modify the buyer's remedies for breach of warranty:

The warranty of title for the sale of goods found in the Code:

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

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

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?

Which of the following is NOT included within the Code definition of merchantability?

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

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

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

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

An implied warranty is found in the language of a sales contract.

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.