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The warning only stated not to leave the Dualplex laptop plugged into a power source after the
DUALPLEX 360 REPORT5battery is fully charged and was only stated in the instruction’s manual. The part that is missing from the warning is the potential dangers of what could happen if the consumer ignores this information. NBD did not attempt to put a proper warning label on either the battery or the battery charger. Breach of WarrantyConsumers are likely to argue for the failure to warn the public despite being aware of the inherent design defect along with lack of coverage and warranty. An express warranty generally guarantees the product will meet a certain level of quality and reliability. An implied warranty guarantees the product is fit for its intended purpose and that it is merchantable or conforms to anordinary buyer’s expectations (Warranties, 2019). In addition, section 2-314 of the UCC requires that all commercial products be sold with an implied warranty (Warranties, 2019). Most consumer purchases are covered by an implied warranty of merchantability, which means it is guaranteed to work as claimed. Unfortunately, thesubstandard laptops were overheating and igniting during ordinary function of charging. While NDB did provide a disclaimer against all warranties and did disclaim merchantability and fitness of the product, as permitted by Section 2-316(2) of the UCC, the disclaimer was inconspicuously located in the instruction manual. This inconspicuous placement of the disclaimer violated Section 2-316(2) of the UCC, which states that the warranty disclaimers and modifications must be “conspicuous.” Moreover, the 1975 Magnuson-Moss Act, prohibits a seller from disclaiming and modifying implied warranties (Warranties, 2019).DamagesThe damages that the courts can levy against NBD under the plaintiff claims are compensatory damages. Under compensatory damages, consumers would be eligible to receive
DUALPLEX 360 REPORT6both special and general damages. Special damages could be used to cover medical expenses, lost wages and property damage. General damages could be awarded for their pain and suffering (Tort Damages, 2019). In this case, the special damages likely would cover medical costs, replacement cost of the Dualplex 360, and costs to repair areas where the laptops overheated. General damages can be described as the opposite of special damage due to them not being as easily quantifiable. General damages are based on the subjective outcomes caused by the tort such as pain and suffering, loss of consortium, loss of reputation, and loss of mental or physical capacity (Tort Damages, 2019). Lastly, consumers could also be awarded punitive damage for the careless actions of NDB’s R&D team in covering up the product defect. These actions were extremely reckless and showed a pursuit for profit at any cost and a deliberate disregard for the well-being of others (Tort Damages, 2019). NBD could, however, offer several defenses against the claims of the consumers.