Exam 22: B: Warranties and Product Liability

Olga,a salesperson for Pre-owned Cars & Trucks,Inc. ,tells Quincy,"This is the best car I've ever seen." This statement is

Safe-T-Made Company makes electrical cords and other connectors for elec?tronic devices.Rowena files a product liability suit against Safe-Rite,alleg?ing a warning defect.Under the Restate?ment (Third)of Torts: Products Liability,in deciding whether to hold Safe-T-Made liable,the court may consider

Air Navigation,Inc. ,makes aviation guidance systems.Ollie is in?jured in a crash caused by a defective Air Navigation product.A statute re?stricts the time within which Ollie may file a product liability suit against Air Navigation regardless of when he was injured.This is a statute of

Sari buys a new sport utility vehicle (SUV)from 'Tastic Cars & Trucks,Inc.The most important factor in determining whether an ex?press war?ranty is created is whether

To be merchantable,goods must be at least average,fair,or medium-grade quality.

Neil goes to Oil Shop to change the oil in his car.Pat,the service tech?ni?cian,learns that Neil plans to take a trip and advises the use of a certain type of oil.The oil breaks down during the trip,damaging the car.Neil may recover from Oil Shop for breach of

Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale.Liability may be imposed on Green Glass based on

The majority of states limit the application of strict product liability theory to situations involving personal injuries.

Implied warranties can arise as a result of a course of dealing.

Generally,the implied warranties of merchantability and fitness for a particular purpose cannot be disclaimed.

A statute of limitation may restrict the time within which an action in product liability may be brought.

Welding Systems,Inc.(WSI),makes welding torches,masks,and related products.A WSI product may be unreasonably danger?ous due to

Grady,an obese individual,files a suit against Fry Fast Food Corporation (FFFC),alleging that FFFC's food is unhealthy because,as Grady knows,it contains high levels of cholesterol and saturated fat.Grady is most likely to

Courts in many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

Mountain Bikes,Inc.(MBI),and Nero enter into a contract for a sale of a mountain bike.MBI,a merchant who deals in goods of the kind sold,makes implied and express warranties in connection with the sale.The Magnuson-Moss Warranty Act was designed to prevent deception in warranties by

Pharma Company,Quitox Corporation,and Renal,Inc. ,are drug makers.Med Sales Company and National OTC,Inc. ,are drug dis?tribu?tors.In a suit against all of these parties in which market-share li?ability is imposed,most likely to be liable are

Longlast Tools,Inc. ,sells power tools,power tool parts,and related supplies under "full" warranties.Under the Magnuson-Moss Warranty Act,this means that Longlast must provide

Concrete Products,Inc. ,assures Deepwater Construction Company (DCC)that Concrete's cement will not crack within a certain range of pressure.DCC uses the product.When cracks develop within the stated range,DCC files a suit against Concrete.The court is most likely to rule in favor of

Every seller is required to provide a written warranty for consumer goods sold.

Delta Company makes and sells table saws,which are designed to be safe if used properly.Erin buys a Delta saw and lends it to her neighbor Frank.To reach a toolbox on a high shelf in his garage,Frank props the saw at an angle against a cabinet and climbs onto the saw.Frank loses his footing,slips off the saw,falls on the blade,and is injured.He files a product liability suit against Delta,on the ground of negligence.On what basis could Delta prevail?