Chapter 9 Flashcards
What is a warranty?
A promise about the quality of the product
What is an express warranty?
Written or spoken guarantees about the quality of the product
What does the word express mean?
Must be based on a fact and not an opinion
What is puffing?
Statements of opinion
What is based on a statement of fact?
Must be written or spoken factual statement
What does implied mean?
Not oral or written
What is an implied warranty?
The warranty comes with the product
What does merchantable mean?
This warranty can only be given by a merchant and you have to buy it from the store to get the warranty. Think Dr. Dre Beats
What are the elements of Strict Liability or 402 A of the Restatement of Torts?
Product, Placed in the stream of commerce, is defective and causes bodily injury
What is the difference between negligence and strict liability?
(N) You have to show that the defendant fell below the standard of care as opposed to even if the defendant didn’t fall below, is still liable for a defective product (SL)
