StudentShare solutions
Triangle menu

Warranties and Product Liability - Essay Example

Not dowloaded yet

Extract of sample
Warranties and Product Liability

A warranty also comes to the fore in any contract of sale whenever such contract is subjected to any condition whereby such is not performed. The promisee therefore, has two options. He may refuse to proceed with the contract by reason of a breach of warranty or he may waive the performance of that condition. To test whether in a contract of sale there is warranty, the pertinent question is whether the buyer is an 'ignorant' buyer who relied on the seller's affirmation of fact or promise or not. If he is, there is warranty. However, in one case, there is no warranty when the purchaser is expected to have an opinion and the vendor has no special opinion (Spencer Heater Co v Abbot).
In the hereinabove definition of warranty, there are 2 kinds of general warranties enumerated i.e. express warranty and implied warranty. A third one, statutory warranty has recently been added via legal enactments. From these 3 categories are engendered several other warranties which may be express or implied depending on the facts of the case.
Express warranty is any affirmation of fact or any pledge by the vendor relating to the goods if the natural inclination of such affirmation or pledge is the inducement of the vendee to buy the same, and if the vendee purchases by reason of such affirmation or pledge. Thus, it is
imperative that such warranty ...Show more


precept. Except for sale of used goods and auction sales, buyers, especially purchasers in good faith are now protected by law through warranties and product liabilities. In USA alone, the Uniform Commercial Code, article 2 on law on sales and the Magnuson-Moss Warranty Act carry provisions on warranties and liabilities.
Author : kylee34
Warranties and Product Liability essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Warranties and Product Liability"
with a personal 20% discount.
Grab the best paper

Related Essays

Product Liability: The Case of Cigarette Manufacturers
Strictly on legal terms, the product liability refers to a particular situation. When some people or an individual are injured or harmed by a product which they consider as unsafe to the society in terms of their health, then they might have a cause of action against the company or a person who has manufactured, designed, advertised, or even has supplied or distributed to the customers in the market.
10 pages (2500 words) Essay
Ethics Questions: Torts and Product Liability
In criminal law, the state may order the individual who has committed the crime to compensate victims; however, in the law of tort, victims are not part of the criminal action and they themselves sue criminals for compensation. According to Paul (2011, p.225), law of tort is desirable for risks that third parties are involved in and there is no information.
4 pages (1000 words) Essay
Commercial Law and Consumer Protection - Product Safety and Product Liability
Central to these legal uncertainties is the product liability directives enshrined in the Rome II regulations. The Rome II regulations, though credited for opening up trans-border trade, have also been a source of criticism for the uncertainties they have caused in respect to the choice of law applicable in trans-border product liability cases.
7 pages (1750 words) Essay
Positioning Manufacturing Plants Away from US States
1 Table of Contents …………………………………………………………………. 2 Abstract……………………………………………………………………………. 3 Introduction ………………………………………………………………………..
8 pages (2000 words) Essay
Product Liability Suit - The Case of Toyota
6 The Actions Taken 8 Impact of the Recall Incident 10 Conclusion 11 References 13 Appendices 15 Abstract With the fast growing world economy, the production is also intensified to meet the consumer’s ever-changing demands. It is imperative that products must comply with safety and quality standards to establish reputation and considerably reduce liability for the company.
8 pages (2000 words) Essay
Product Liability and Intentional Tort
Product liability law is a division of tort law which seeks to a cause of action against the product’s manufacturer, seller or designer in situations where a person is injured by the product. Over the years, product liability law has shifted the liability arising from an unsafe product from the consumer towards the seller in order to safeguard the consumer.
4 pages (1000 words) Essay
CyberTorts, Strict Liability, Products Liability, Consumer Protection
On the other hand, tort law governs all business practices (Cornell 2011) It is based on unwritten common law, although it can be reinforced by statutes passed by the legislature. Aside from these statutes, court decisions are based on precedent, that is, previous cases involving similar facts.
3 pages (750 words) Essay
Tort Law - differences between the principles of negligence and strict liability
As early as in 1768, in Buller’s Nisi Prius trials, it was observed that that every person owed a duty of care towards his neighbour in that every person must take reasonable care not to injure his neighbour. It therefore follows that when a person is injured due to default of another though not wilful, he is entitled to compensation for the injury sustained through negligence or folly of another.
8 pages (2000 words) Essay
Product Liability Law
Indeed, at least two United States Courts of Appeals have been unable to predict whether a state's Supreme Court would follow the Restatement (Third) as it pertained to a point of unsettled law in that state.2 Nevertheless, the federal courts' preliminary references confirm the significance of ALI's product and lend support to our belief that the Restatement (Third) will have a significant influence in establishing a more uniform national products liability law.
12 pages (3000 words) Essay
Explain the role and operational characteristics of warranty of titles, express warranty, warranty of merchantability and fitness for a particular purpose and implied warranty dealing with proir course of dealing including role of product liability for ma
niform Commercial Code is a warranty from the seller which confirms that the goods sold or transferred are all right and will be delivered without any security interests or encumbrance which the buyer has not had prior knowledge of. It is a type of contract and if infringed by
2 pages (500 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email