fall 2010 bule 402 warranties and product liability

fall 2010 bule 402 warranties and product liability -...

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2/6/11 Commercial Transactions: Warranties and Product Prof. Julie Shubin Bule-402-002-S10 Commercial Law © Julie Shubin 2010
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2/6/11 Warranty claim – she doesn’t purr
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2/6/11 Products can hurt people and the law provides many possible remedies for the injured.”
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2/6/11 Warranties and Product Liability Topics Product Liability Express Warranties Implied Warranties Implied W or Merchantability Implied W of Fitness for a Particular Purpose Title and Infringement Disclaimers and Defenses
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2/6/11 Product Liability When goods cause injury, there is a question of product liability. There are three main issues related to product liability cases: Warranty -- a contractual assurance that goods will meet certain standards.
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2/6/11 Express Warranties UCC 2-313 An express warranty is one that the seller creates with his words or actions. Any affirmation of fact--or any promise--can create an express warranty. Any description of the goods can create an express warranty.
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2/6/11 Affirmation of fact or promise It is specific and can be proven true or false It is written (brochure, contract– that doesn’t mean it can’t be oral) Defects are not obvious Seller has greater expertise
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Implied Warranties Are created by the Code itself, not by any act or statement of the seller. Implied Warranty of
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This note was uploaded on 02/05/2011 for the course BULE 402 taught by Professor Shubin during the Fall '10 term at George Mason.

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fall 2010 bule 402 warranties and product liability -...

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