Exam 24: Product Liability: Warranties and Torts

With used or secondhand goods, what is fit for normal use is generally:

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 Hall that 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?

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

A catalog illustration can become the basis of an express warranty.

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

The warranty of merchantability guarantees that the:

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

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

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?

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

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

The right to sue for damages sustained from a defective product is reserved exclusively to the original purchaser of the product.

In order to create an express warranty the seller must use as the words "warrant" or "guarantee."

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?

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

If a merchant sells a lawn mower that will not cut any type of grass, there is a breach of the warranty of merchantability.

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

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

The theories of product liability are mutually exclusive.