Exam 24: Product Liability: Warranties and Torts

Any warranty that does not provide the complete protection of a full warranty is called a warranty in breach.

Thelma purchased a used truck from Hallthat had been manufactured by International Harvester.To work on the truck engine,Thelma had to have the cab of the truck raised.When it was so raised,the cab fell unexpectedly and fatally injured Thelma.Suit was brought for her wrongful death against Hall and International Harvester.The suit was based on theories of negligence,strict tort liability,and breach of warranty.The defense was raised that there was no liability because the sale to Thelma had been made "as is" and the truck was a used truck.Were these defenses valid?

An auto manufacturer is excused from strict liability if it can be shown the defect was in a component part purchased from a manufacturer.

At every sale,the seller makes an implied warranty that:

The warranty of merchantability guarantees that the:

A limited warranty includes all of the following scenarios except:

Whenever a sale of goods is made,certain warranties are implied unless they are expressly excluded.

Which of the following statements made by the seller does not likely constitute an express warranty?

All of the following are product liability theories except:

If there is a written contract,a disclaimer of the implied warranty of merchantability must be conspicuous.

A seller who makes a written express warranty for consumer goods costing more than $50 must conform to FTC regulations.

Sal was at home going through his normal workout when he bent his barbell bar.Sal is a professional bodybuilder,and this fact is obvious from his appearance.Sal went to his local sporting-goods store and was approached by a clerk wishing to assist him.Sal told the clerk about his problem and the clerk asked Sal to wait while an appropriate bar was located.The clerk presented Sal with a bar that the clerk said "is just what you need for your type of weight requirements." Sal paid for the bar and was returning home when he stopped at a health food restaurant.The drink that he ordered had an unusual taste,but the food establishment refused a refund.Sal became ill from the drink,which,as it turned out,had a toxic substance in it.Sal had to be hospitalized.When Sal was able to work out again,he attached the weights to the new bar and lifted the bar under his chin.The bar snapped in the middle and severely cut Sal.Sal is angry about the drink and the barbell.What are the applicable warranties involved? Does Sal have a cause of action?

All of the following apply to strict tort liability except:

If an express warranty is breached:

How do the warranty provisions under the CISG compare to the provisions of the UCC?

The sale of food or drink at a restaurant carries all of the following implied warranties except:

Suppose a Ford truck slams into a parade and the driver claims the brakes failed.All of the following are potentially liable in a defective product suit except:

A merchant has greater potential warranty liability than does a casual seller.

In applying the "foreign substance/natural substance" liability test in the sale of food or drink,some courts refuse to impose warranty liability if the thing in the food that caused the harm was naturally present.

Negligence and fraud are easy to prove in a mass production world.