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PRODUCT LIABILITY: WARRANTIES AND STRICT LIABILITY (CHAPTER 22) I) Contract Theories ( U.C.C. Warranties ) A) Warranty of Title (Implied) 1) Anytime you buy a good, the Seller implies that you are receiving a good title. B) Express Warranty – specification or information on how the product works is given 1) Seller makes an Affirmative Statement OR 2) Seller shows you a model or sample of the goods you are buying OR 3) Blueprints/Technical Specifications are shown C) Implied Warranty of Merchantability 1) “fit for the ordinary purpose for which such goods are used” D) Implied Warranty of Fitness for a Particular Purpose 1) Seller knew or had reason to know of Buyer’s purpose AND 2) Seller knew or had reason to know the Buyer was relying on the Seller to select Appropriate Goods AND 3) Buyer relies on the Seller E) Disclaimer of Warranties 1) Title – Can be disclaimed either explicitly or implicitly (a) An example of an implicit disclaimer is a police auction 2) Express Warranty – Very Difficult 3) Implied Warranty of Merchantability and Fitness – only explicitly and
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Unformatted text preview: conspicuously (obvious) II) Tort Theories A) Negligence/Recklessness B) Strict Liability the Plaintiff can recover from the Seller even if they cant prove the Seller did anything wrong 1) Defendant is a merchant AND 2) Defendant sold the product in a defective condition AND 3) Defect renders the product unreasonably dangerous AND 4) Plaintiff was injured in result III) Defenses to Liability A) Statutes of Limitations B) Comparative Negligence Plaintiffs negligence reduces what they receive from the Defendant 1) Pure doesnt matter what percentage the plaintiff was at fault, they can still recover (a) If the problem was 99% the plaintiffs fault, they can recover the remaining 1%. 2) Mixed if the Plaintiff is greater than 50% at fault, they cant recover damages (a) If the problem was 99% the plaintiffs fault, they can NOT recover the remaining 1%....
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This note was uploaded on 01/19/2012 for the course BSL 212 taught by Professor Guzzi during the Spring '07 term at University of Miami.

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