Exam 23: Warranties and Product Liability

Stable Tool Company makes hedge trimmers. Troy is injured while using a Stable trimmer and sues the company for product liability based on neg?ligence. To win, Troy must show that

A warranty against infringement is a promise by the seller that the prod?uct was con?structed in a workmanlike manner.

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

Cold Stuf, Inc., makes snowboards, which it sells to Deep Freeze Sports Store (DFS). DFS sells Cold Stuf boards to consumers, in?cluding Ed. Ed is in?jured while using the board. In a product liabil?ity suit based on strict li?ability, Ed may recover from

Only a statement made after a contract is entered into can be an express warranty.

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

A manufacturer is not liable in strict product liability for injuries caused by the manufacturer's justifiable ignorance of the facts.

Horizon Corporation makes cell phones. Inez files a product liabil?ity suit against Horizon, alleging a design defect. Under the Restate?ment (Third) of Torts: Products Liability, in deciding whether to hold Horizon liable, the court may consider

Digital Systems, Inc. (DSI), makes storage media and other periph?eral computer products. A DSI product may be unreasonably danger?ous due to

A contract cannot contain both a warranty of merchantability and a war?ranty of fit?ness for a particular purpose.

To avoid strict product liability, a manufac?turer must make a product entirely safe for all uses.

Regal Autos, Inc., sells cars to consumers. To avoid liability for oral ex?press warranties, each sales agreement should note that a car is sold

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim. Universal is most likely liable for

A warranty of title cannot be disclaimed.

One requirement for a product liability suit based on strict liability is a failure to exercise reasonable care.

An express warranty cannot be limited.

Neil goes to Oil Shop to change the oil in his car. Pat, the service tech?ni?cian, learns that Neil plans to take a trip and advises the use of a certain type of oil. The oil breaks down during the trip, damaging the car. Neil may recover from Oil Shop for breach of

Bob is shopping in Carl's Hardware Store when a nail gun being used by Dan, one of Carl's employees, fires without warning and hits Bob in the leg. Carl checks the gun and discovers that it was assembled improperly. Bob files a suit against Eagle Tools, Inc., the manufacturer of the gun, for product liability, on the ground of strict liability. What are the elements for an action based on strict liability? In whose favor is the court likely to rule?

Musical, Inc., sells fifty MP3 players to Noise Stores, Inc. To avoid liability for most implied warranties, Musical should state in writing that the players are sold

Fact Pattern 23-A1 Bret, a representative of Concrete Products, Inc. assures Dependable Construction Company that Concrete's cement will not crack within a certain range of temperatures. DCC uses the product. When cracks develop within the stated temperature range, DCC files a suit against Concrete. -Refer to Fact Pattern 23-A1. Suppose that the court rules against Concrete. The manufacturer might have avoided that result by