This preview shows pages 1–3. Sign up to view the full content.
This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
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...
View Full Document
- Spring '11