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.

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.

Implied warranties under the Code:

Lucille bought a new lawn mower on sale at a local discount store. The mower did not come with an instruction book, nor did it have warning labels placed near dangerous parts of the mower. If Lucille injures herself while using this mower, she can claim that she purchased a defective product.

The U.S. Consumer Product Safety Commission's estimate that the cost of deaths, injury, and property damage from consumer product incidents is about $800 million each year led Congress to pass three major federal product liability statutes between 2006 and 2010.

Which Code section contains the warranty of merchantability?

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

The warranty of fitness for a particular purpose:

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.

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.

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.

Hurst's Used Tires could not be held liable on a theory of strict liability in tort.

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?

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?

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:

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

Barry buys a car from a dealer, which is sold to him "as is." If the next day, the engine blows up, Barry can sue the dealer for breach of the implied warranty for fitness.

No implied warranty exists: