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Warranties and Product
       Liability
Sales and Lease Warranties

   Express warranty
   Implied warranty of merchantability
   Implied warranty of fitness for a
    particular purpose
   Warranty of Title
Express Warranties
   Oral or in writing
       don’t have to use the words “warrant” or
        “guarantee”
       any affirmation or promise
       any description
       any sample or model
What do you have with
 you right now with a
      warranty?
Express Warranties: Basis of The
           Bargain
   Buyer must rely on warranty when he
    enters into contract
   Statements of Opinion and Value
       usually just “puffing” - not an express warranty
       not puffing if given as opinion by an “expert”
Implied Warranties
   Merchantability

   Fitness for a Particular Purpose

   Arising out of Course of Dealing or Trade
    Usage
Implied Warranty of Merchantability
   Made only by merchants
   Goods are of average, fair, or medium-
    grade
   Adequately packaged and labeled
   Conform to promises on label
   Have a consistent quality and quantity
    among the commercial units
Implied Warranty of Fitness for a
           Particular Purpose
   Made by any seller who
       knows the particular purpose for which the
        goods are being bought and
       knows the buyer is relying on seller’s skill and
        judgment to select suitable goods
Implied Warranty Arising from
Course of Dealing or Trade Usage

   Both parties to a contract have
    knowledge of a well-recognized trade
    custom = courts infer that both meant
    this custom to apply to their transaction
Warranty of Title

   Good Title

   No Liens

   No Infringements
How Is Warranty of Title
             Disclaimed?

   By Specific Language

   Warranty doesn’t occur at sheriff’s sales
Overlapping Warranties

   Two or more warranties made in a
    single transaction
       construed as cumulative if consistent
       if inconsistent?
          First: implied warrant of fitness for a particular
           purpose
          Then: express
                samples over general descriptions
                technical over general descriptions
Warranties and Third Parties

   Common law: Only buyer because she
    is the one in the contract w/ the seller =
    buyer is in privity of contract w/ the
    seller
   UCC: provides 3 alternatives from
    which the states may choose
       UCC 2-318
Language of the UCC
   UCC § 2-318. Third Party Beneficiaries of
    Warranties Express or Implied.
       [Note: If this Act is introduced in the Congress
        of the United States this section should be
        omitted. (States to select one alternative.)]
Language of the UCC
Alternative A                 Alternative B               Alternative C
  A seller's warranty          A seller's warranty        A seller's warranty
   whether express or            whether express or          whether express or
   implied extends to any
   natural person who is in      implied extends to any      implied extends to any
   the family or household       natural person who may person who may
   of his buyer or who is a      reasonably be expected reasonably be expected
   guest in his home if it is    to use, consume or be       to use, consume or be
   reasonable to expect
   that such person may          affected by the goods       affected by the goods
   use, consume or be            and who is injured in       and who is injured by
   affected by the goods         person by breach of the     breach of the warranty.
   and who is injured in         warranty. A seller may      A seller may not
   person by breach of the
   warranty. A seller may        not exclude or limit the    exclude or limit the
   not exclude or limit the      operation of this           operation of this section
   operation of this             section.                    with respect to injury to
   section.                                                  the person of an
                                                             individual to whom the
                                                             warranty extends.
Language of the UCC
N.J.S.A 12A:2-318.                   13 Pa. Cons. Stat. § 2318
 A seller's warranty whether         The warranty of a seller
  express or implied extends to        whether express or implied
  any natural person  who is in        extends to any natural person
  the family or household of his       who is in the family or
  buyer or who is a guest in his       household of his buyer or who
  home if  it is reasonable to         is a guest in his home if it is
  expect that such person may          reasonable to expect that such
  use, consume or be affected          person may use, consume or
  by  the goods and who is             be affected by the goods and
  injured in person by breach of       who is injured in person by
  the warranty.  A seller may  not     breach of the warranty. A
  exclude or limit the operation       seller may not exclude or limit
  of this section.                     the operation of this section.
What is the difference?
Disclaimer of Warranties
   Express:
       don’t make any
        a clear written disclaimer in contract will over-
        ride an express oral warranty because of the
        parol evidence rule
Disclaimer of Warranties

   Implied
       merchantability: say exact work in disclaimer
        clearly, or say “as is,” “with all faults”
       fitness for a particular purpose: must be in writing,
        don’t have to say exact words “f.p.p.” in disclaimer
       seller demands buyer inspect or examine the
        goods
            subject to skill of buyer
   Unconscionability
Video
Product Liability Based on
           Negligence
   If a manufacturer fails to exercise due care
    to make a product safe, a person who is
    injured by the product may sue the
    manufacturer for negligence
Types of Negligence
   Manufacturing Defects - when the
    product, for some reason departs from
    its intended design
   Design Defects - when the present
    design is defective and a reasonable
    alternative design exists which would
    remedy or lessen the defect.
   Warning Defects - inadequate
    instructions for use or prohibited use
Strict Product Liability
   When an article is placed into the stream
    of commerce which causes injury because
    it is in a defective condition unreasonably
    dangerous.
Elements of Strict Liability
   Product was sold
   Product was defective
   Product placed into stream of commerce by
    someone in the business of selling that product
   Product both
       Cause in fact
       Proximate cause
   Defect existed when it left Ds possession
   Product was manufactured or sold by D

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Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdfChicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
Chicago Medical Malpractice Lawyer Chicago Medical Malpractice Lawyer.pdf
 

Ucc warrantees

  • 2. Sales and Lease Warranties  Express warranty  Implied warranty of merchantability  Implied warranty of fitness for a particular purpose  Warranty of Title
  • 3. Express Warranties  Oral or in writing  don’t have to use the words “warrant” or “guarantee”  any affirmation or promise  any description  any sample or model
  • 4. What do you have with you right now with a warranty?
  • 5. Express Warranties: Basis of The Bargain  Buyer must rely on warranty when he enters into contract  Statements of Opinion and Value  usually just “puffing” - not an express warranty  not puffing if given as opinion by an “expert”
  • 6. Implied Warranties  Merchantability  Fitness for a Particular Purpose  Arising out of Course of Dealing or Trade Usage
  • 7. Implied Warranty of Merchantability  Made only by merchants  Goods are of average, fair, or medium- grade  Adequately packaged and labeled  Conform to promises on label  Have a consistent quality and quantity among the commercial units
  • 8. Implied Warranty of Fitness for a Particular Purpose  Made by any seller who  knows the particular purpose for which the goods are being bought and  knows the buyer is relying on seller’s skill and judgment to select suitable goods
  • 9. Implied Warranty Arising from Course of Dealing or Trade Usage  Both parties to a contract have knowledge of a well-recognized trade custom = courts infer that both meant this custom to apply to their transaction
  • 10. Warranty of Title  Good Title  No Liens  No Infringements
  • 11. How Is Warranty of Title Disclaimed?  By Specific Language  Warranty doesn’t occur at sheriff’s sales
  • 12. Overlapping Warranties  Two or more warranties made in a single transaction  construed as cumulative if consistent  if inconsistent?  First: implied warrant of fitness for a particular purpose  Then: express  samples over general descriptions  technical over general descriptions
  • 13. Warranties and Third Parties  Common law: Only buyer because she is the one in the contract w/ the seller = buyer is in privity of contract w/ the seller  UCC: provides 3 alternatives from which the states may choose  UCC 2-318
  • 14. Language of the UCC  UCC § 2-318. Third Party Beneficiaries of Warranties Express or Implied.  [Note: If this Act is introduced in the Congress of the United States this section should be omitted. (States to select one alternative.)]
  • 15. Language of the UCC Alternative A Alternative B Alternative C  A seller's warranty  A seller's warranty  A seller's warranty whether express or whether express or whether express or implied extends to any natural person who is in implied extends to any implied extends to any the family or household natural person who may person who may of his buyer or who is a reasonably be expected reasonably be expected guest in his home if it is to use, consume or be to use, consume or be reasonable to expect that such person may affected by the goods affected by the goods use, consume or be and who is injured in and who is injured by affected by the goods person by breach of the breach of the warranty. and who is injured in warranty. A seller may A seller may not person by breach of the warranty. A seller may not exclude or limit the exclude or limit the not exclude or limit the operation of this operation of this section operation of this section. with respect to injury to section. the person of an individual to whom the warranty extends.
  • 16. Language of the UCC N.J.S.A 12A:2-318.  13 Pa. Cons. Stat. § 2318  A seller's warranty whether  The warranty of a seller express or implied extends to whether express or implied any natural person  who is in extends to any natural person the family or household of his who is in the family or buyer or who is a guest in his household of his buyer or who home if  it is reasonable to is a guest in his home if it is expect that such person may reasonable to expect that such use, consume or be affected person may use, consume or by  the goods and who is be affected by the goods and injured in person by breach of who is injured in person by the warranty.  A seller may  not breach of the warranty. A exclude or limit the operation seller may not exclude or limit of this section. the operation of this section.
  • 17. What is the difference?
  • 18. Disclaimer of Warranties  Express:  don’t make any  a clear written disclaimer in contract will over- ride an express oral warranty because of the parol evidence rule
  • 19. Disclaimer of Warranties  Implied  merchantability: say exact work in disclaimer clearly, or say “as is,” “with all faults”  fitness for a particular purpose: must be in writing, don’t have to say exact words “f.p.p.” in disclaimer  seller demands buyer inspect or examine the goods  subject to skill of buyer  Unconscionability
  • 20. Video
  • 21. Product Liability Based on Negligence  If a manufacturer fails to exercise due care to make a product safe, a person who is injured by the product may sue the manufacturer for negligence
  • 22. Types of Negligence  Manufacturing Defects - when the product, for some reason departs from its intended design  Design Defects - when the present design is defective and a reasonable alternative design exists which would remedy or lessen the defect.  Warning Defects - inadequate instructions for use or prohibited use
  • 23. Strict Product Liability  When an article is placed into the stream of commerce which causes injury because it is in a defective condition unreasonably dangerous.
  • 24. Elements of Strict Liability  Product was sold  Product was defective  Product placed into stream of commerce by someone in the business of selling that product  Product both  Cause in fact  Proximate cause  Defect existed when it left Ds possession  Product was manufactured or sold by D

Hinweis der Redaktion

  1. Courts say people can reasonable expect bones in fish, cherry pits in cherry pies, nutshells in packages of shelled nuts not worms