Exam 24: Product Liability: Warranties and Torts

An action for negligence rests upon common law tort principles.

Which of the following must be proven by a plaintiff to recover for strict liability in tort?

When a buyer makes a purchase without relying on the seller's skill and judgment,no warranty of fitness for a particular purpose exists.

Unless otherwise agreed,every merchant seller warrants that goods are sold free of any rightful claim by any third party.

Ordinarily,a seller's opinion about the good(s)cannot be treated as a warranty.

A defective product can injure intangible economic interests.

The warranties of both merchantability and fitness for a particular purpose exist under the Convention on Contracts for the International Sale of Goods (CISG).

The statement "This chainsaw is the best one on the market" will most likely create an express warranty.

An examination of goods excludes any implied warranty with respect to a defect that:

Plaintiffs suing for damages caused by a defective product are limited to claims against the manufacturer(s)of such goods.

The theories of product liability

Which of the following implied warranties is created when the buyer relies on the seller to pick out the goods that the buyer requires to meet a stated need?

An express warranty can be disclaimed,even if it was a critical part of the bargain to the buyer.

Product liability based on privity of contract is accepted by the Uniform Commercial Code.