24 Test B Law

warranty

an assurance of facts that something is true. A legally binding promise or guaranteed to quality performance or condition.

what resource was only available to buyers 200 years ago if the seller of a good breached and express guaranteed of a good?

prove the manufacturer committed, negligence or fraud.

how do buyers seek protection from economic laws, and personal injury involving goods?

through warranty and liability laws- strict tort laws of negligence and fraud.

what is product liability and what is its purpose?

Imposes absolute liability upon the manufacturers of goods for harm due to defective goods.

during product liability

You do not need to prove intent

what is the privity of contract and how does it affect injured parties under product liability?

No third-party may intervene between parties to a contract. Except strict product liability.

what are the different types of losses a buyer may suffer due to product liability?

Property loss, economic loss, and physical loss.

what is express warranty?

By words or in writing

what is limited warranty expressed?

Limitations or restrictions(not a full warranty)

what is an implied warranty?

Facts automatically assured

what is the CPSIA?

consumer protection safety improvement act. Manufacturers that produce products for ages 12 and under fall under strict safety standards.

what is a warranty of title?

Implies the owner of product can give title. exception: auction sheriff sale

what is a warranty disclaimer?

Releases liability to the owner of the product

In negligence of a product what must the plaintiff prove?

They relied upon the fact, stated by the manufacture to their(customers) detriment.

what must the plaintiff prove in fraud?

Negligence in the preparation of the product

is knowledge of the defect by the sailor necessary in the street toward liability suit?

It is not necessary in strict tort liability laws.