Exam 22: A: Warranties and Product Liability

Oven Products Company makes microwave ovens.Pico discovers that his Oven Products oven is defective and sues the maker for product liabil?ity based on strict liability.To win,Pico must show that

Stable Tool Company makes hedge trimmers.Troy is injured while using a Stable trimmer and sues the company for product liability based on neg?ligence.To win,Troy must show that

Statutes of repose places outer times limit on product liability actions.

A public policy underlying the imposition of strict product liability is that a manufacturer who makes an unsafe product should be put out of business.

Regional Lumber Company and Superior Builders Corporation enter into a contract for a sale of wood products.Regional,a merchant who deals in goods of the kind sold,makes implied and express warranties in connection with the sale.Under the UCC,if these are inconsistent

Parker,a salesperson for Quality Textiles,Inc. ,shows Rosa,a fabric buyer for Style Clothing Company,samples of cloth,stating that any ship?ment will match the samples.This statement is

Country Style,Inc. ,makes landscaping tools.Under the Restatement (Third)of Torts: Products Liability,Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

Merchant Supply Company and National Discount Stores enter into a contract for a lease of cash registers.Merchant assures National that it has valid title to the goods.Under the UCC,this type of title warranty arises

Dwayne,an electrician,files a suit against Electro Mechanix,Inc. ,alleging that its circuit breakers are unreasonably dangerous due to the possibility of electrical shock.Dwayne's suit is most likely to

To constitute an express warranty,a representation must be in writing.

Sea Locate,Inc. ,makes and sells marine navigation equipment,through inde?pendent salespersons,to retailers for resale to consumers.The Magnuson-Moss Warranty Act covers

Merchants are required to warrant that the goods they sell or lease are fit for the particular purpose for which a buyer or lessee will use the goods.

Due care must be exercised in designing a product.

Dorothy eats a candy bar made and sold by Eastwich Candy Corporation and becomes ill.Dorothy files a suit against Eastwich,alleging that the candy bar was not merchantable.Merchantable food is food that is fit to eat on the basis of

To avoid strict product liability,a manufac?turer must make a product entirely safe for all uses.

General descriptions take precedence over inconsistent samples.

A seller who makes a statement that relates to the value or worth of the goods creates an express warranty.

Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product.

Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product.

A seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product.