Exam 22: Product Liability: Warranties and Strict Liability

Identify at least four means states have used to limit the punitive damages a plaintiff can collect in a product liability lawsuit.

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

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:

Define and discuss horizontal and vertical privity.Explain the effect of the Code and the courts on the concept of privity of contract.

Ed buys a car from a friend "as is." The friend tells him,"In my opinion,this car is in excellent mechanical condition." The friend has made an express warranty.

Jennifer purchased a used refrigerator from her next-door neighbor.When she took it home and plugged it in,the refrigerator burst into flames.The seller in this case is in breach of the implied warranty of merchantability.

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

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.

Contributory negligence is a defense to a warranty of merchantability cause of action.

The use of a sample or model is another means of creating an implied warranty.

An express warranty may consist of a sample.

As of the writing of the textbook,the Restatement (Third)of Torts: Products Liability had replaced the Second Restatement in all but four of the states.

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.

Few obstacles to recovery in warranty cases present serious problems to plaintiffs in strict liability actions brought pursuant to Section 402A because this section was drafted largely to avoid such obstacles.

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.

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?

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

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

In the Womco,Inc.v.Navistar International Corporation case,the court stated the disclaimer of the warranty of:

Under comparative negligence,the court apportions damages between parties in proportion to the degree of fault or negligence it finds against them.