Exam 24: Products Liability: Warranties and Strict Liability in Tort

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What are the general Code requirements for a disclaimer of warranties? What specific requirements exist for a disclaimer of the warranty of merchantability and the warranty of fitness?

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Question 1

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The Code calls for a reasonable construction of words or conduct to disclaim or limit warranties.To be effective,disclaimers must be positive,explicit,unequivocal,and conspicuous.To disclaim the warranty of merchantability,the language must specifically mention "merchantability" and,if the disclaimer is written,it must be conspicuous.To exclude or modify an implied warranty of fitness for the particular purpose of the buyer,the disclaimer must be in writing and conspicuous.All implied warranties,unless circumstances indicate otherwise,are excluded by expressions like "as is," "with all faults," or other words plainly calling the buyer's attention to the exclusion of warranties.

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 for breach of warranty.Can she?

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Question 2

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Which of the following would NOT be considered a breach of the warranty of merchantability in some jurisdictions?

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Question 3

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Kera rented a lawn mower from Scott Rentals.The mower wheel was loose when she picked it up.When she began to use the mower,the wheel fell off,causing the mower to tip over onto her foot.Under what theory can Kera hold Scott Rentals liable for her injuries?

(Multiple Choice)

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Question 4

The early common law required privity of contract before a plaintiff could sue a defendant for breach of warranty.

(True/False)

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Question 5

Under Alternative A of the Code's horizontal privity provision,a corporation may bring a case against the manufacturer of a defective product for breach of the warranty of merchantability.

(True/False)

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Question 6

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?

(Multiple Choice)

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Question 7

Which Code section contains the warranty of merchantability?

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Question 8

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

(True/False)

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Question 9

Alice is browsing in a commercial art gallery when she sees a painting that she likes.Roger,who is the manager of the gallery,tells her that 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.Roger has breached:

(Multiple Choice)

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Question 10

Bart 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.

(True/False)

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Question 11

No implied warranty exists:

(Multiple Choice)

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Question 12

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

(True/False)

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Question 13

Hubert bought heavy-duty,sharp hedge clippers to trim the hedges in his yard.In the process of using the clippers,he severely cut his hand.He is now suing the manufacturer on the basis that the clippers are unreasonably dangerous.Can he recover? Explain.

(Essay)

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Question 14

Implied warranties may arise from course of dealing or usage of trade in leases of personal property under Article 2A of the Code,but not in sales of goods under Article 2.

(True/False)

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Question 15

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

(True/False)

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Question 16

Which of the following is NOT included within the Code definition of merchantability?

(Multiple Choice)

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Question 17

Fitness for a particular purpose and merchantability are implied warranties that apply only to sales by merchants.

(True/False)

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Question 18

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

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Question 19

What are the essential requirements for strict product liability?

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Question 20

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Exam 24: Products Liability: Warranties and Strict Liability in Tort

What are the general Code requirements for a disclaimer of warranties? What specific requirements exist for a disclaimer of the warranty of merchantability and the warranty of fitness?

Which of the following would NOT be considered a breach of the warranty of merchantability in some jurisdictions?

Kera rented a lawn mower from Scott Rentals.The mower wheel was loose when she picked it up.When she began to use the mower,the wheel fell off,causing the mower to tip over onto her foot.Under what theory can Kera hold Scott Rentals liable for her injuries?

The early common law required privity of contract before a plaintiff could sue a defendant for breach of warranty.

Under Alternative A of the Code's horizontal privity provision,a corporation may bring a case against the manufacturer of a defective product for breach of the warranty of merchantability.

Which Code section contains the warranty of merchantability?

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

Bart 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.

No implied warranty exists:

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

Hubert bought heavy-duty,sharp hedge clippers to trim the hedges in his yard.In the process of using the clippers,he severely cut his hand.He is now suing the manufacturer on the basis that the clippers are unreasonably dangerous.Can he recover? Explain.

Implied warranties may arise from course of dealing or usage of trade in leases of personal property under Article 2A of the Code,but not in sales of goods under Article 2.

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

Which of the following is NOT included within the Code definition of merchantability?

Fitness for a particular purpose and merchantability are implied warranties that apply only to sales by merchants.

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

What are the essential requirements for strict product liability?

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Introduction to Sales and Leases

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