Product Liability_Essay - Business Law II Business Law II...

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Business Law II Business Law II Paper Assignment 2 Due: Mar. 06, 2008 Product Liability Question 1: There are three possible theories of recovery Paula and her parents may seek from Dave in this case involving product liability: breech of expressed and implied warranties, negligence, and strict product liability. Each of the three consumer protection options covered under the UCC 2-318 apply to Paula regardless of the jurisdictions of the court, therefore; the UCC will apply to this purchase, as it does most goods. An express warranty will not apply in this matter because there is no evidence that Dave explicitly stated anything about the qualities or characteristics of the product that were specifically relied upon by Mary when she purchased the PWC (Personal Water Craft). Moreover, UCC 2-15 does not seem to apply because Mary did not rely upon Dave’s skill in selecting this product, nor was the product “unfit” for its intended use. An argument for UCC 2-314 may be upheld, however, if Paula and her Parents are able to prove the PWC was defective, and that the defect was the cause of Paula’s injury. Of the two theories remaining, negligence and strict liability, negligence will not hold
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Product Liability_Essay - Business Law II Business Law II...

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