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

No implied warranty exists:

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.

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

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.

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:

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.

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.

Which of the following would NOT be considered a breach of the warranty of merchantability in some jurisdictions?

Statutes of repose were enacted to give consumers more rights against large manufacturers.

Implied warranties under the Code:

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

Which of the following is not an express warranty?

Product liability exists if the:

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

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.

The Code does not label the warranty of title as an implied warranty, despite the fact that it arises out of the sale and not from the words or conduct of the parties.

The early common law required privity of contract before a plaintiff could sue a defendant for breach of warranty.

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

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

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