Chapter 12 Flashcards
Express Wararanties
a seller’s or lessor’s oral or written promise in conncection with a sales or lease agreement.
Magnusson-Moss Act
No written warranty is required, but if there is it must comply
Implied Warranties
imposed by law or by implication or inference from the nature of the transaction or the relative bargaining positions
Good Title
No Liens
FITNESS for a particular purpose
(these warranties apply to all sellers)
Implied Warranties (circumstances)
Merchantability (Fit for Normal Use)
ONLY TO MERCHANT SELLERS YO
Disclaimers of Warranties
Express-by clear and conspicuous written
Implied-AS IS or WITH ALL FAULTS
ESSAY QUESTIONS
IMPLIED WARRANTIES-
FITNESS WITH A PURPOSE
implied warranty is violated when the buyer is buying something like snowtires from the seller and then comes to realize that those tires are unsafe in snow. Or batteries or things like that. They simply don’t fit
Other two?
NO LIENS
GOOD TITLE
waiver of implied warranty
specifically mention merchantability if for implied warranty for merchantability
what makes a product dangerous?
defects
- manufacturing
- design
- inadequate
strict product liability
a manufacturer, distributor or sells of good will be strictly liable, regardless of INTENT OR NEGLIGENCE, for any personal injury or poroperty damage to consumers.
Who does strict product liability apply to
MANUFACTURER
DISTRIBUTOR
SELLER
gets sued by
CONSUMERS
USERS
BY STANDERS
Strict product liability defenses
product misuse
assumption of the risk
commonly known dangers
knowledgable user
Deceptive Advertising (DTPA)
consumer can be MISled by ad
Bait & Switch (DTPA)
fails to show the advertised item, fails to have sufficient quantity, fails to reasonably deliver
