Warranties and Product Liability

Questions to Consider

Consider these questions while reading this module:

  • What is the doctrine of caveat emptor? How is it affected by the Uniform Commercial Code's warranty provisions?
What are express warranties? Implied warranties of merchantability? Implied warranties of fitness for a particular purpose?
  • How are each created? By whom?
  • What do they cover?
  • How can they be disclaimed or limited?
What must a plaintiff prove to establish strict liability in a product liability lawsuit?
  • What does Section 402A of the Restatement (Second) of Torts require? How does Section 402A (Third) change the standard for design defects?
  • What kind of defects can a plaintiff establish?
  • What defenses can be raised in a product liability lawsuit?
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