Exam 22: Product Liability: Warranties and Strict Liability

Under the CISG, the seller must deliver goods, unless otherwise agreed, that are fit for the purposes for which goods of the same description would ordinarily be used.

The Restatement (Third) of Torts: Products Liability has experienced rapid adoption by the states.

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

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

Leslie purchased 100 flower pots from a local merchant.Warranties which are not included in her sales contract, but exist by "operation of law," are the:

Strict liability in tort imposes liability on:

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.Can she?

The Magnuson-Moss Warranty Act applies only to the sale of consumer goods.

Barry buys a car from a dealer, which is sold to him "as is" and "with all faults." The next day, the engine blows up.Barry can sue the dealer for breach of the implied warranty of fitness.

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

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.

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

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

Greg has been in the business of selling encyclopedias for twenty years.Margaret agreed to buy a set if Greg would also bring her a bookcase for them.Greg bought one and sold it to Margaret along with the books.While shelving the books, she ran her hand over the back edge of the 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?

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

Which of the following is true with regard to implied warranties under the Code?

All warranties are construed as consistent with each other and cumulative, unless such construction is unreasonable.

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."

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:

Strict liability can be avoided where: