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?

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

Jennifer purchased a used refrigerator from her next-door neighbor, a mail carrier. When she took it home and plugged it in, the refrigerator burst into flames. The seller in this case is in breach of the implied warranty of merchantability.

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

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.

Under the Magnuson-Moss Warranty Act, a seller who makes a written warranty cannot disclaim any implied warranty.

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

Product liability exists if the:

Section 402A of the Restatement applies only if the defective product is unreasonably dangerous.

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

Which of the following products would impose strict liability in tort according to Section 402A?

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

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

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:

An obligation of the merchant-seller that the goods are reasonably fit for general purposes for which they are manufactured and sold, and the goods are of fair, average quality is known as:

Answer the following: a. What is the Magnuson-Moss Warranty Act? _{b. What is a statute of repose?}

Horizontal privity pertains to remote sellers within the chain of distribution.

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

Reliance is a necessary element in any breach of warranty case.

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