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Unformatted text preview: o Implied Warranties of Merchantability and Fitness can be disclaimed Disclaimer must be explicit and conspicuous (not circumstance) (“As Is” sales have no warranty) Tort Theories • Negligence/Recklessness o Based on concepts of “reasonableness” and “forseeability” • Strict liability/ liability without fault o (Producer of a product can be held liable by damages of the produce even if he did nothing wrong, and did everything right) o defendant is a merchant o AND defendant sold the product in a defective condition o AND defect rendered the product unreasonably dangerous o AND plaintiff was harmed by defect Defenses • Statutes of limitation • Comparative negligence- Reduce the plaintiffs recovery by the amount that they conclude the plaintiffs own negligence contributed to their injury o Pure or Mixed 17:48 17:48...
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This note was uploaded on 03/22/2011 for the course BSL 212 taught by Professor Smith during the Spring '11 term at UConn.
- Spring '11