Exam 18: Product Liability Law

A warranty can be given only at the time a product is purchased.

A(n) ____________________ is a guarantee by a seller that a product is not defective and is suitable for its intended use.

The Long Bow Manufacturing Co. makes various sporting goods products including skateboards and sells directly to retailers. After purchasing and using a skateboard from Long Bow, Lester, age 18, was injured and wished to sue for her injuries. She decided to sue Long Bow on the basis of negligence. Would this theory provide her the best chance of winning her case?

A buyer injured by a defective product may sue under one of three theories of liability as the basis for a lawsuit.

To avoid implied warranties in the sale of goods to a consumer, the seller should make it absolutely clear (as for example a written statement) that the goods are sold

A warranty must be written.

A statement of fact made by the seller to induce the buyer to purchase goods is

To qualify as an express warranty, the seller must use the word "warranty" or "guarantee."

If a breach of warranty occurs,

Colt saw a commercial by a car manufacturer on TV that claimed one of its new models, the Vogue, averaged 45 miles to a gallon on the highway. He went to the Kan Car Dealership and purchased a Vogue but never asked about the manufacturer's statement regarding the mileage claim. A short time after his purchase, he discovered the car would only get 30 miles to the gallon on the highway. Colt returned to the dealer and claimed breach of an express warranty on the part of the manufacturer and the car dealership based on the TV commercial. Is Colt correct?