Exam 20: Warranties and Product Liability

Given the various breach of warranty remedies available to buyers under the Uniform Commercial Code (UCC), courts no longer recognize negligence theory to impose liability on the manufacturer or seller of goods for personal injury or property damage that results from the use of the goods.

If a consumer brings suit against the manufacturer, the retailer is relieved of its responsibility for the fitness and merchantability of the goods.

In order to recover on a strict liability theory, the plaintiff need not prove that the product is defective.

If a seller says "These goods are first class," this is an example of:

A few state courts have declared their state's statute of repose unconstitutional because it:

In order to exclude the implied warranty of merchantability, the seller must put the exclusion in writing.

According to the Uniform Commercial Code (UCC), goods that fail to function properly or that have harmful side effects are nevertheless merchantable.

The Magnuson-Moss Warranty Act applies to all sellers of a consumer product that costs more than $5 who give the consumer a written warranty.

Under the Uniform Commercial Code, some of the benefits of warranties extend to persons who did not themselves purchase the particular defective goods.

A consumer who misuses a product: