Exam 25: Product Liability: Warranties and Torts

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

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?

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

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

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

Only the parties to a sales contract could sue each other under the traditional concept of:

A warranty is limited if:

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

By the mere act of selling,a warranty is made that the:

An implied warranty arises automatically from the fact a sale has been made.

An express warranty can be made orally or in writing.

An exclusion of warranties made in the manner specified by the Uniform Commercial Code is not unconscionable.

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

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

Which of the following is not a product liability theory that protects buyers and allows them to recover for injury and economic loss?

An express warranty is basically any statement of fact or promise made about the goods that becomes part of the basis of the bargain.

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

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?

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

The scope of warranties remains the same regardless of whether the seller is a merchant or a casual seller.