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Unformatted text preview: Warranties and Product Liability Chapter Introduction 23-1 Types of Warranties 23-1a Warranties of Title 23-1b Express Warranties 23-1c Implied Warranties 23-1d Third Party Beneficiaries of Warranties 23-1e Magnuson-Moss Warranty Act 23-2 Overlapping Warranties 23-2a When the Warranties Are Consistent 23-3 Warranty Disclaimers and Limitations on Liability 23-3a Express Warranties 23-3b Implied Warranties 23-3c Buyer's or Lessee's Examination or Refusal to Inspect 23-3d Unconscionability 23-3e Statute of Limitations 23-4 Product Liability 23-4a Product Liability Based on Negligence 23-4b Product Liability Based on Misrepresentation 23-5 Strict Product Liability 23-5a Strict Product Liability and Public Policy 23-5b The Requirements for Strict Product Liability 23-5c Product Defects 23-5d Market-Share Liability 23-5e Other Applications of Strict Product Liability 23-6 Defenses to Product Liability 23-6a Assumption of Risk 23-6b Product Misuse 23-6c Comparative Negligence (Fault) 23-6d Commonly Known Dangers 23-6e Knowledgeable User 23-6f Statutes of Limitations and Repose Chapter Recap Page 1 of 31 Print Chapter 2010-8-30 http://atext.aplia.com/controller/ChapterPrint.aspx?isbn=0324655223&mod=0&ch=23... Chapter Introduction Warranty is an age-old concept. In sales and lease law, a warranty is an assurance by one party of the existence of a fact on which the other party can rely. Article 2 (on sales) and Article 2A (on leases) of the Uniform Commercial Code (UCC) designate several types of warranties that can arise in a sales or lease contract. These warranties include warranties of title, express warranties, and implied warranties. We examine each of these types of warranties in this chapter. Because a warranty imposes a duty on the seller or lessor, a breach of warranty is a breach of the seller's or lessor's promise. Assuming that the parties have not agreed to limit or modify the remedies available, if the seller or lessor breaches a warranty, the buyer or lessee can sue to recover damages from the seller or lessor. Under some circumstances, a breach of warranty can allow the buyer or lessee to rescind (cancel) the agreement. Breach of warranty actions are a subset of product liability claims. Product liability encompasses the contract theory of warranty, as well as the tort theories of negligence, misrepresentation, and strict liability (discussed in Chapters 6 and 7). Manufacturers and sellers of goods can be held liable for products that are defective or unreasonably dangerous. Goods can be defective in a number of ways, including manufacturing defects, design defects, and inadequate warnings. We examine product liability in the second part of the chapter. Because warranty law protects buyers, some of whom are consumers, warranty law is also part of the broad body of consumer protection law that will be discussed in Chapter 44....
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This note was uploaded on 10/12/2011 for the course ACCT 362 taught by Professor Mint during the Fall '11 term at CUNY Queens.
- Fall '11