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22download_doc-18.php - L 293 (4/6/2009) Product Liability...

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L293 (4/6/2009) Product Liability Product Liability Theories o Product liability law is partly grounded in contract law and partly grounded in tort law o Contract theories are based on an express or implied warranty o Tort theories are based on arguments of negligence or strict liability Express Warranty o Express warranty may be created: If affirmation of fact or promise about goods becomes part of the basis of the bargain Statements of value or opinion and sales puffery do not constitute a warranty “Magic” Words o NO magic words necessary to create an express warranty! “I guarantee,” “I warrant” o No need for express warranty to be written down; may be verbal Examples of Express Warranty o Felley v. Singleton Two Other Express Warranties o A description of the goods that becomes part of the bargain creates an express warranty that the goods will conform to description o A sample or model of goods to be sold creates an express warranty that goods will conform to sample Implied Warranties o Implied warranties are created by operation of law rather than seller’s express statements Warranty of merchantability Seller must be a merchant in the goods of the kind sold Warranty of fitness for a particular purpose
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22download_doc-18.php - L 293 (4/6/2009) Product Liability...

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