Exam 21: Warranties and Product Liability

Implied warranties can arise from a "usage of trade."​ 

To specifically disclaim an implied warrant of fitness for a particular purpose,a seller or lessor must mention the word fitness. 

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products. 

Greg,a salesperson for Home Improvement Center,tells Irena,"This is the best floor sander I've ever seen." This statement is​ 

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis. 

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer. 

In sales law,a warranty is an assurance by one party of the existence of a fact on which the other party can rely.

No seller is required to give a written warranty for consumer goods sold. 

Vehicle Wholesale Company and Walt's Retail Motors enter into a contract for a sale of used cars.Vehicle Wholesale assures Walt's that it has valid title to the vehicles.Under the UCC,warranties of title arise​ 

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis. 

To specifically disclaim an implied warrant of merchantability,a seller or lessor must mention the word merchantability. 

A full warranty requires free repair or replacement of any defective part. 

To assemble and sell stoves and fireplaces,Hearth & Home,Inc.,buys igniters,tubing,and other parts from Inflame Stove & Fireplace Parts and installs them without changing them.If the parts are defective,strictly liable for any damage caused by the defects​ 

Custom Ceramics Corporation makes ceramic products for commercial uses,including heat-resistant tiles for industrial ovens.When damage occurs in an oven at Duramold Plastics,Inc.,liability may be imposed on Custom Ceramics if the tiles sold to Duramold were​ 

Global Talk Corporation sells phones and other mobile devices.Under most circumstances,Global Talk will be presumed to have warranted that its title to the goods is​ 

Arnold buys a backhoe from Big Dig Equipment Inc.Arnold is unaware that Credit Collection Company holds a lien against the backhoe when he buys it.If Credit Collection repossesses the backhoe,Arnold can​ 

Blanche,a salesperson for Custom Restaurant Equipment,Inc.,shows Dylan,a buyer for Eat n' Dine Company,display items in Custom's showroom,stating that any purchased equipment will match the display.This statement is​ 

AgriGro,Inc.,sells hybrid seed to farms and other agricultural enterprises.Brandon buys and plants AgriGro seed on his Country Farm,but no crop grows because the seed is defective.Brandon sues AgriGro for product liability based on negligence.To win,Brandon must show that​ 

MotorCo Inc.makes and sells auto parts to retail repair services,vehicle sales outlets,and consumer parts stores.On one MotorCo box is a label that reads "Contains one gross (144)sparkplugs,assorted sizes." This statement is​ 

Freddi buys bike shoes from Get n' Gear Store,telling the clerk that she wants the shoes to compete in High Pace Triathlon.The shoes break apart during the competition,causing Freddi to be injured in a fall.Get n' Gear most likely breached