Product Liability on a Warranty Theory

Question 1

When does liability arise?

Answer 1

When a product is not as represented, it breaches either an express or implied warranty made by defendant

Question 2

What must plaintiff establish?

Answer 2

1. That a warranty existed
2. That the product does not conform to the warranty

Question 3

When is an express warranty made?

Answer 3

When ∆ makes a representation

as the nature or quality of the product

Question 4

How is an express warranty created?

Answer 4

• By ∆’s promise
• By affirmation of fact;
• By description; or
• By use of a sample or model

Question 5

Types of Implied Warranties

Answer 5

1. Warranty of Merchantability
2. Fitness for a Particular Purpose