Exam 22: Product Liability: Warranties and Strict Liability

An obligation of the merchant-seller that the goods are reasonably fit for the ordinary purposes for which they are manufactured and sold, and the goods are of fair average quality is known as:

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.

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.

With respect to horizontal privity, the strict liability in tort of manufacturers and other sellers extends to only buyers, users, and consumers, but not to injured bystanders.

The Code requires that the affirmations, promises, or descriptions the seller makes be relied on by the buyer to be an express warranty.

Which of the following is not an express warranty?

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

An express warranty may consist of a sample.

The Magnuson-Moss Warranty Act is administered by the Federal Trade Commission.

If the buyer inspects the goods before entering into the contract, then implied warranties: