2 warrantya warranty is a promised made to the

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2. Warranty—A warranty is a promised made to the customer. There are three types of warranties: a. Expressed warranty—a promise of performance. If the manufacturer of a light bulb promises 2,000 hours of use and the customer only gets 1,900 hours, the manufacturer has breached an express warranty. b. Implied warranty—representation of the product for a given use. When you purchase a canoe, you assume that it will float. If it does not, the manufacturer has breached its implied warranty. c. Implied warranty of fitness or merchantability—in this warranty, the manufacturer promises to supply a product that is of a certain quality and is adequate for a given use. A customer who relies on the advice of a company representative to make a purchase that does not meet the needs of the customer may have a claim under the implied warranty of fitness for a particular purpose. 3. Strict Liability—Under the concept of strict liability, the manufacturer of a product is responsible for producing a product that is free of defects. In a strict liability case, there is no need for the customer to prove negligence or breach of warranty. If the product injures the consumer, the manufacturer may be liable under strict product liability. The manufacturer can use the following defenses in a strict liability suit:
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a. Assumption of risk—the consumer knew that the product was dangerous, but used it anyway. b. Unforeseeable misuse—the consumer misused the product in a manner that the manufacturer could not have predicted. c. Not defective—the manufacturer can demonstrate that there is no product defect. 4. Misrepresentation—The manufacturer misrepresented the product which caused injury.
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  • Spring '13
  • MAYFIELD
  • Contract Law, Product liability, extended warranty, Mr. Myers

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