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

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

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

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.

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?

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.

Which Code section contains the warranty of merchantability?

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

Article 2A carries over the warranty provisions of Article 2 with relatively minor revision to reflect differences in:

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.

The Magnuson-Moss Warranty Act was enacted to protect purchasers of consumer goods.

Both design and manufacturing defects can subject a manufacturer or seller to products liability.

Which of the following is generally NOT a defense to a claim against a manufacturer under 402A?

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

Kera rented a lawn mower from Scott Rentals.The mower wheel was loose when she picked it up.When she began to use the mower, the wheel fell off, causing the mower to tip over onto her foot.Under what theory can Kera hold Scott liable for her injuries?

Geoff's fiancée, Susan, comes to meet his parents for the weekend.On Saturday morning, while using Geoff's mother's hair dryer, the blower short-circuits sending sparks across the guest room.Susan's angora sweater and her hands are covered with tiny burns.Susan's mother is a lawyer and wants her to sue the seller of the dryer for breach of warranty.Can she?

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:

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.

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

What are the essential requirements for strict product liability?

The use of a sample or model is a means of creating an implied warranty.