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Unformatted text preview: driver is held strictly liable. You will be held liable for wild animals, domestic pets that you know or should have known that are likely to attack humans. Product Liability • Warranty of title (I own it, I can sell it) • Express Warranty (Fact or promise that is made of quality of a product) • Implied a. (Merchantability) – (Reasonably fit for which it is intended) Ex: Lawn mower is for mowing lawns, not trimming hedges b. Fitness for a particular purpose (Ex: You tell a salesman you are going to be mountain climbing at a place that will be 5 degrees and he sells you shoes that are good down to 10 degrees and you get frost bite b.i. Disclaimer If you are selling a car and they ask about the condition say “to my knowledge” or take it to your mechanic Strict Product Liability 1. Defendant is a regular seller 2. Defendant sells product in defective condition 3. Unreasonably dangerous 4. Plaintiff injury...
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This note was uploaded on 02/15/2012 for the course BLAW 101 taught by Professor Staff during the Fall '10 term at Texas State.
- Fall '10