Lecture 7 Products Liability Flashcards
(24 cards)
Types of warranties
Implied warranties
Expressed warranties
UCC 2
Brings buyer friendly provisions
They are garanties
Express warranty
Come out of the words of the seller
Expressed by the affirmation of the fact of conformance
It affirms that the bought good will conform to that use or that purpose
The description of the good in the contract will guarantee that the goods are as the seller described them
Implied warranty
Comes out of the relation between the seller and the buyer
Common sence
Can be denied, disclaimed since its not expressed
Contain warrant of merchantability
Warrant of merchantability
Higher duty that the goods he sells are fit for ordinary purpose in witch such product are used
Warrant of fitness
The goods are fit for the buyer particular purpose
Protection against warranty
Mutual consent : Contractual understanding about the goods
Contract law allows parties to modify those guarantees in the terms of their contracts
Disclaimer
The mutual consent can modify or eliminate a warranty obligation
“Selling as is” you sell without giving any kind of warranties
Since the buyer is supposed to read the document, so he is expected to have agreed to that
Breach of warranty
Jsais pas lol
Statute of limitation - 4 years
Examination of the goods
The buyers who had the opoortunity to examine the goods = there is no implied warranties
Buyer refuse to examine goods before acquisition when it is reasonnable
UCC-2-316 : “Unilateral mistake” - No implied warranties
Law won’t reward peoples for their negligence
Trade practices
UCC-2-316 : no implied warranties when following trade practices or standards in the way this business is done
or previous performances with the seller
Strenght of the disclaimer
Principe : the strongest disclaimer is made between parties of equal strenght
The disclaimer is weaker when parties are not equal
Sale of product tocthe general public - Disclaimer
Seller held to higher standard :
Disclaimer must be made boldface
Must be of a different color
Must be more visible
Idea behind geneal public sale of product disclaimer exigence
The most uneducated and careless reader must have a very hard time proving he didn’t see it
The Magnusson-Moss warranty act of 1975
Called the “Lemon Act”
Protection of consummers : changed law to protect consumers - Particularily targetting merchant disclaimer
The Magnusson-Moss warranty act of 1975 - concrete addition regarding FTC
Aimed to make warranties on consummer products easier to understand and enforceable by the Federal Trade Commission
Doesn’t require goods to have warranties and only deals with goods that are 15$ or more
Waranty must be conspicuous and indicates if limited or full warrantee
Conspicuous warranty
Highly visible
Color
Boldface
Full warranty
Prevent the seller from disclaiming anything
Requires the warrantor to remedy any defect in a reasonnable time and without charges
No limit to the full warrantee and applies to anyone who owns the product
Full warranty - effect and exercice
They have to repair the good
If they can’t repair the good, they have to replace it
The warrantor only needs to notify the seller that the good is broken, nothing else
Limited warranty
You can give limited warranties to buyers
It can contain disclaimers and other limitations
3 derniers paragraphes
Zebi
Injunctive actions
Congress allows injunctions so you can stop a producer from producting something
Principe of Privity
E
