CH 17 - Warranties and Product Liability

Question 0

IMPLIED WARRANTY OF MERCHANTABILITY

Answer 0

Goods should fit the general purpose for which are sold

Question 1

EXPRESS WARRANTY

Answer 1

Promise included in a contract concerning quality, condition, description or performance of goods being sold/ leased

Question 2

IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE

Answer 2

Good sold/ leased fits the particular use for what the good was purchased

Question 3

PRODUCT LIABILITY CLAIM BASED ON NEGLIGENCE

Answer 3

Producer must be careful in the design, materials, warning labels and manufacture process of a product

Question 4

PRODUCT LIABILITY CLAIM BASED ON STRICT LIABILITY

Answer 4

Product sold in defective condition and plaintiff must incur in physical harm

Question 5

KNOW DEFENSES TO PRODUCT LIABILITY CLAIM

Answer 5

1) Preemption = Gov. regulations preempt claims for product liability
2) Assumption of risk
3) Product misuse
4) Comparative negligence
5) Commonly known dangers
6) Knowledgeable user