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

Matt tells Ron that the snow boots he is selling offer protection for temperatures of 20° below zero.Ron orders a pair for his trip to Greenland.Upon delivery,Ron sees that the box states "will protect your feet in temperatures down to 30° below zero." The first night's temperature goes down to 27 below.Ron suffers frostbite on all of his toes.Ron then sues for breach of warranty.What is the result?

Statements in advertisements and catalogs do not constitute express warranties.

The warranty of fitness for a particular purpose:

Mark tells Leslie that his stereo has quadraphonic speakers because he was told that when he bought it.Leslie buys the stereo,but it does not have quadraphonic speakers.Is Mark liable for breach of warranty?

If the seller of goods is an expert and gives an opinion with regard to the goods,the seller may be liable for breach of warranty.

Misuse or abuse of the product is a defense to an action brought under 402A of the Restatement.

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

The Federal Trade Commission administers the Magnuson-Moss Warranty Act.

Article 2A,in a provision analogous to Article 2's warranty of title provision,protects the lessee's right to possession and use of the goods from claims of other parties arising from an act or omission of the lessor.

In a warranty action,the seller has the burden of proving defenses based on the buyer's conduct.

An express warranty does not require that the warranty be expressed in written words.

The liability of manufacturers and other sellers of goods for a defective product may be based on all but which of the following?

Article 2A carries over the warranty provisions of Article 2 with relatively minor revision to reflect differences in:

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

In bringing a warranty action,the buyer must prove:

The Magnuson-Moss Warranty Act was enacted to protect purchasers of consumer goods.

Eric bought a new snowmobile from the North Pole Manufacturing Company.After buying the machine,Eric then modified the spark plugs and a few other things in order to soup it up.In February,just after a snowfall,Eric was driving the snowmobile when it tipped over,trapping him beneath it.His leg was severely burned when it lodged against one of the spark plugs.Eric now wants to sue North Pole for strict liability in tort.Eric:

Karen decided to sell her stair step exercise machine,because she wasn't using it as much as she thought she would.Her friend Lydia bought it from Karen for $100.If the first day that Lydia used the stair stepper it fell apart,injuring Lydia's ankle:

Cailee has a garage sale at which she sells a defective food processor to Dylan.Cailee will be liable to Dylan in strict tort liability under Section 402A of the Restatement of Torts if he is injured using the product.

Both design and manufacturing defects can subject a manufacturer or seller to products liability.