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Unformatted text preview: April 8 Notes Alexandra Moxley CHAPTER 20–PRODUCT L IABIL I TY -warranty-negligence-strict liability The Evolution of Product Liability Law 505-506 Law of Product Liability : body of legal rules governing civil lawsuits for losses and harms resulting from a defendant’s furnishing of defective goods-used to be to manufacturer’s and seller’s advantage-today goods are more complex and harder to inspect by consumer (favors buyer) Theories of Product Liability Recovery 506-524 - warranty : implied or express promise about nature of product sold • express warranty bargain based on one of following… 1. Affirmation of fact or promise regarding goods becomes basis of bargain a. Assertion of fact, NOT opinion 2. description of goods that becomes basis of bargain a. goods will conform to description 3. sample or model of good *sellers that are or are not merchants can be held liable for express warranty claims if didn’t conform to description CASE: Felley v Singleton o Any seller may make an express warranty ; when breached (b/c goods were not as warranted) plaintiff demonstrating loss is entitled to compensatory damages F bought car from S They said it was in good condition with no brake problems and two days later he had to replace clutch • He sued for breach of express warranty and was awarded money I MPLIED WARRANTY:-Implied Warranty of Merchantability – seller must be a merchant (cannot be brought against non merchant)-Merchantability : product fit for ordinary purposes for which such products are used-seller breaches implied warranty of merchantability by selling product that is not fit for uses/purposes of such products- Implied Warranty of Fitness –can be brought against merchant or non-merchant (as...
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- Winter '09
- Implied warranty, Product liability, liabili ty