Exam 19: Warranties and Product Liability

Differentiate between defect in design and defect in manufacture with regard to strict liability.

An implied warranty is created when a seller makes an affirmation of fact or promise about the goods.

As defined by the Magnuson-Moss Warranty Act,a warranty that covers the costs of parts,but not the labor,to fix a defective product is defined as a(n)________.

Differentiate between the statute of limitations and the statute of repose.

Examine the role of punitive damages in contract law.

________ refers to a statute that limits the seller's liability to a certain number of years from the date when the product was first sold.

A seller's affirmation of the value of goods creates an express warranty.

A(n)________ refers to an alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.

A heading printed in uppercase letters or a typeface that is larger than the rest of the body of a sales or lease contract is meeting the UCC's requirement of ________ for warranties.

Explain implied warranties and their purpose in warranty law.

A ________ is a seller's or lessor's express or implied assurance to a buyer or lessee that the goods sold or leased meet certain quality standards.

The disclaimer of the implied warranty of fitness for a particular purpose must be in writing.

A warranty that covers the costs of parts,but not the labor,to fix a defective product is a limited warranty.

What was the doctrine of caveat emptor in sales or lease contracts?

As defined by the Magnuson-Moss Warranty Act,a warranty which guarantees that a defective product will be repaired or replaced free during the warranty period is known as a(n)________.

Define chain of distribution,and examine the application of strict liability to its parties.Elaborate on the reasonableness of such a doctrine,in this context.

A commendation of goods,made by a seller or lessor that does not create an express warranty is referred to as a(n)________.

________ is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.

A(n)________ is a warranty that applies to food or drink consumed on or off the premises of restaurants,grocery stores,fast-food outlets,and vending machines.

A statement of opinion is a commendation of goods made by a seller or lessor.