StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Warranties and Product Liability - Essay Example

Comments (0) Cite this document
Summary
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.
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.7% of users find it useful
Warranties and Product Liability
Read TextPreview

Extract of sample "Warranties and Product Liability"

Download file to see previous pages 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...
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
Warranties 3
imperative that such warranty as derived from the language of the contract must be explicit and may take form as an affirmation, pledge or representation (Parish v Kotthoff). The Patricia Henley case whereby petitioner Henley sued Philip Morris for damages on the basis of the latter agent's misrepresentation to her that she should shift to Marlboro Lights in order to escape or diminish the risks of smoking, is one potent example of express warranty. The court ruled that the petitioner's carcinoma of the lungs was caused by her chain-smoking of Marlboro Lights and that such was induced by the (mis)representation of Philip Morris'agent that such is not only safe but desirable (Henley v Philip Morris). Another example is when the product contains these words in the label "This product is guaranteed free from defect".
Implied warranty, on the other hand, doesn't involve any explicit promise rather the warranty is imposed on the seller by operation of law. The basis for such is the circumstances of the sale. Thus in each contract of sale, oral or written, it is implied or inferred that the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Warranties and Product Liability Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
Warranties and Product Liability Essay Example | Topics and Well Written Essays - 2000 words. Retrieved from https://studentshare.org/miscellaneous/1532046-warranties-and-product-liability
(Warranties and Product Liability Essay Example | Topics and Well Written Essays - 2000 Words)
Warranties and Product Liability Essay Example | Topics and Well Written Essays - 2000 Words. https://studentshare.org/miscellaneous/1532046-warranties-and-product-liability.
“Warranties and Product Liability Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.org/miscellaneous/1532046-warranties-and-product-liability.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Warranties and Product Liability

Product Liability: The Case of Cigarette Manufacturers

In US, this trend is forcefully being adopted by many of the consumers who think that they have been harmed by these products and they really decide to take a legal action against those companies. This is the reason that there has been viewed a rapid growth of the litigation of product liability. This has even become an effective tool for the consumers to protect themselves as well as the society from the products that they consider harmful. The law has also been changed in this particular subject, i.e. from caveat emptor which means letting the buyer beware, to the strict liability for the manufacturing defects that the companies make which can also make the product irrational for the customers. Those manufacturers who actually...
10 Pages(2500 words)Essay

Product Liability and Intentional Tort

...?Hypothetical Issues on Product Liability and Intentional Tort Hypothetic Product liability issues in the case Chase’s hypothetic case of injury by the paper shredding machine within the work place touches on whether Chase should be compensated for personal injuries caused by the machine. 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. The rationale for placing high liability on the sellers and manufacturers regardless of the nature...
4 Pages(1000 words)Essay

Product Liability Lawsuits: Boehringer Ingelheim

The product liability law was amended from its original form such that it shifted from caveat emptor to strict liability for manufacturing defects, which make a product unreasonably dangerous. However, critics of product liability law suits have said that it enriches plaintiff’s attorneys and that it has added costs of sold goods. Businesses in this regard have sought the help of state legislatures and Congress in the hope that they can reduce damage awards that sometimes costs them millions of dollars (The Free dictionary, 2012). Prada drug manufacturer, Boehringer Ingelheim, is facing a court case because it allegedly failed to warn consumers of side effects of drugs. This paper gives an analysis of product liability law suits...
6 Pages(1500 words)Research Paper

Product Safety and Product Liability

... Task Introduction The creation and development of a legal regulatory environment conducive to business and e-business is central to the improvement of trade among the E.U members. Currently, the Lisbon Agenda (2000) of “making the E.U the world’s most competitive and dynamic knowledge based economy by 2010” was already under threat because trade barriers to the development of general business and e-business had not been effectively removed.1 Because of this, many of the European Union’s businesses operate within an e-business environment that is full of legal uncertainties and legal impediments to the take up of e-business. Central to these legal uncertainties is the product liability directives enshrined in the Rome II regulations...
12 Pages(3000 words)Essay

Product Liability

...Product Liability The U.S Companies should be liable. The companies should have the responsibility of ensuring their products are safe. They must be held liable for placing products with defects knowing very well they will be used by individuals. This happens for the company fails to carry out the required inspections to ensure all products do not have defects. Anyone that allows the product to be available in the market without proper investigations on the products is held liable if they cause any injury or damage to consumers. The companies will be held liable since the release of the product to the market shows high levels of negligence and lack of consumer protection. Since the retailers utilize raw ingredients yet they know...
1 Pages(250 words)Research Paper

Product Liability Lawsuit against Toyota

... was highlighted. The owners have suffered huge loss due to this and as per product liability law; there can be three types of law suit claims in this category. It can be because of loss of car value which was different when purchased initially before the incidence, time and money that is being spend in trying to get the vehicle fixed due to the error made by the company and it also due to economic loss that plaintiff suffered while he was unable to drive the vehicle for a certain period of time. These law suits were claimed under multiple violations of different laws some of which include warranty laws, state consumer protections law and several other common laws of the state. However, Toyota is greatly threatened by a large law suit...
6 Pages(1500 words)Research Paper

Ford Pinto Product Liability Case

... Task: Ford Pinto Product Liability Introduction Product liability is one of the legal liabilities manufacturers, producers and retailers are held responsible for when their products cause harm to third parties and consumers in the market. This happens when the company is found to have been negligent in producing the product to be sold to the public without taking precaution measures in design or manufacturing process. In addition, the products may have caused injury due to lack of warning labels of the associated risks when using the product or insufficient guidelines (LexisNexis, 2013). Ford Motor Company is one of the companies’ that have been held responsible for their product’s harm due to their defect. This was after the Ford Pinto...
5 Pages(1250 words)Research Paper

Warranties

...Warranties Disclaimer of warranties Many ways exist through which a warranty can be disclaimed. One of such ways is “express exclusion,” in which a seller refrains from providing a warranty (Mann & Roberts, 2013, p. 442). Such exclusion renders a warranty ineffective, ab initio. Establishing a buyer’s inspection or failure to inspect commodities, before, is another way of disclaiming warranty. Reliance on legislations, limitations, or changes of warranties and privity of contracts are other applicable ways of disclaiming warranties. Express warranties, however, cannot be disclaimed and local laws may prohibit disclaimer of implied warranties (Mann & Roberts, 2013). UCC definitions Goods are movable commodities that can be identified...
1 Pages(250 words)Assignment

Vicarious Liability

...There are several possible tortuous claims against Whacky Builders Ltd. The possible plaintiffs are Joe, Sonia, Big plc, Baljit and her husband and Mick. Whacky Builders Ltd. is liable for the negligence of their workmen on each occasion under the principles of vicarious liability. Each claim will rely on the substantiation of a duty of care on the part of the relevant workmen and a breach of that duty in respect of each of the complainants. Vicarious Liability Each of the claimants will have to establish that Whacky Builders Ltd. is vicariously liable for the negligence of its employees if they hope to be compensated by the company. In any case, they can sue the individual workmen in their personal capacity or jointly with Whacky...
10 Pages(2500 words)Assignment

Strict Liability of Law Philosophy

The use of the strict liability is also justified on the ground on of adoption of legal policies which attains a socially desirable purpose which the legislative body has the sole prerogative to promote and protect in the pursuit of public welfare. Arguments for and against the thesis using decided cases and other author’s views will also be discussed and resolved any issues will follow on the basis of whether there is enough ground or to uphold the thesis of this paper.
Strict liability rule first is beneficial to society. In at least two decided cases this theory was clearly shown by the courts. The first is the case of United States V. Balint et al., 258 U.S. 250 (1922). The facts of the said case had it that “...
7 Pages(1750 words)Coursework

Some Companies Purchase Directors and Officers Liability Insurance

...Running Head: Directors’ and Officers’ liability insurance Why do some companies purchase Directors’ and Officers’ liability insurance while others do not? [Name of writer appears here] [Name of institution appears here] Why do some companies purchase Directors’ and Officers’ liability insurance while others do not? Introduction Directors and officers of business corporations and other entities, including universities, churches, and foundations, can be liable for financial injuries they cause while working as directors or officers. They may be sued by: (1) the corporation itself or the corporations trustee in bankruptcy; (2) other successors to the corporation, including government entities like the Resolution Trust Corporation...
8 Pages(2000 words)Coursework

Features of Markets and Marketing, Peculiarities of Product Placement

...PRODUCT PLACEMENT A CRITIQUE Table of Contents Page 3 2 Introduction 4 3 Marketing Strategies 4 4 Social Media 6 5 Product Placement 7 6 Critique 10 7 Conclusion 12 8 Bibliography 13 1 Abstract Marketing strategies have been discussed and explained in context of traditional media versus the new social media. Whereas the traditional media has not lost its audience but the newer generations are attracted more to the social media chiefly due to its interactive nature. A result of this advent of social media is product placement which began as a need of the media to support itself in its expressions. This need was capitalized upon by the need of the product owners initially for enhancing...
11 Pages(2750 words)Coursework

The Launch of Kones New Product

Political: 90% of Kone’s sales come from international markets. This makes it very vulnerable to political stability in its global markets for example Italy is one of the markets of Kone and elevator regulations are governed in Italy by parliament. Thus, to bring MonoSpace i.e. an elevator without a machine room in compliance with standards, it would require an act by the parliament.
Economical: The performance of the elevator industry is directly proportional to the performance of the construction industry. The construction industry has a maximum potential in developing countries rather than in developed countries. The reason for this is that the developed countries have maximized their growth potential whereas the dev...
12 Pages(3000 words)Case Study

Medtronics Product Development and Human Resource Management

...A CASE STUDY ON MEDTRONICS’ CARDIAC PACEMAKER BUSINESS [your teacher’s of the What`s the marketplace in which this company functions? Medtronics was a company that has been producing cardiac pacemakers. It had started in 1950s as a company that manufactured the early pacemakers, which had been one of the most innovative products, as well as one of the products that had the greatest help and impact on mankind, due to the product’s benefits of helping heart disorders. As Medtronics’ products had been pioneer in the industry, they created the market for pacemakers which were developed to aid in heart disorders. They were the original player in this market for cardiac pacemakers. What areas of the business are, were causing concern and why...
10 Pages(2500 words)Case Study

Gross Domestic Product and the Nations Competency in Terms of Economic Welfare

It is often used to compare the economic performance to aid as a prediction tool and to analyze the business cycles and the recessive and expansive economic performances within them. This further aid economic and fiscal policy formulation of the government and is also used to analyze the consumer behavior and the economic phenomena involved. (Heakal, R. 2008).These figures can be a benchmark to compare economies of different nations and the economic prediction process is also made possible.

A usual pattern of assessing the Gross Domestic Product is to have an initial GDP report on every quarter which is an advance report. Two corrective reports follow this before the final figures on GDP are arrived at. It usually takes...
7 Pages(1750 words)Report

New Product Development

...NEW PRODUCT DEVELOPMENT Introduction: Organizations in the 21st century have become increasing global and hence competitive. Companies face extreme pressure to keep up with the market demands and cater to the changing needs and preferences of the consumers. However, this is a highly complex task given that industries experience varying degrees of market conditions, ranging from a comparatively constant market to one which is highly unsteady and dynamic (Calantone, 20031), with constantly shifting consumer preferences (Teoh & Sim, 19972). In order to survive and sustain their competitive positioning within the industry companies often resort to innovative strategies, most of which revolve around launching of a new product in the market...
8 Pages(2000 words)Coursework

Green Product that Could be Offered in the Market

...Green Product or Service Wal-Mart is well known for its every day lowest prices products. It manages to provide these low costs because of its well optimized supply chain management. However, Wal-Mart has also come to be known for its initiatives in sustainability. The company started this initiative in 2005 as Lee Scott, the CEO, believed that “being a good steward of the environment and being profitable are not mutually exclusive. They are one and the same”. (greenhrm.org) Thus, the company recognized the importance of going green on sustainability much before the others in the business. As per their report, “ASDA Bootle is the first zero waste to landfill store in the UK, diverting 95% of the waste from landfills” (walmartstores.com...
6 Pages(1500 words)Essay

Business Plan for Natural Food Product Private Ltd

...Natural Food Product Private Ltd Business Plan Table of Contents Executive Summary 3 Introduction 4 Company and Product Summary 4 Environmental Scanning 5 Five Forces analysis 5 Opportunities and Challenges 7 Organisational Structure, Management Team and Operational Plan 8 Strategic Plan 10 Financial Plan 11 Conclusion 14 15 Reference 16 Executive Summary ‘Natural Food Product Private Ltd’ (NFP) is a start up venture aiming to enter the organic food sector of UK. The company will manufacture organic foods by processing and removing its harmful effects. The company will offer organic food products like tea, crops, dairy products, canned meat specifically into the UK market. Environmental scanning of organic food products has...
9 Pages(2250 words)Case Study

Torts and Product Liability

...Torts and Product Liability Introduction The law of tort and product liability has been in use for many years. However, the claims made by the plaintiffs and decisions made by the jury have raised eyebrows. The most remarkable cases include that of Stella Liebeck v McDonald and Roy Pearson v Custom Cleaners. The two cases have been regarded as frivolous lawsuits. The paper will discuss each case in detail and find out if the cases were frivolous lawsuits. The Facts Stella Liebeck v McDonald Stella was 79 old and a retired department store clerk when the incident happened on 27 February, 1992. Stella Liebeck was driving her son Jim, with her grandson Chris Tiano to the airport in Albuquerque in New Mexico. She and Chris missed breakfast...
10 Pages(2500 words)Research Paper

Warranties and Product Liability in the Organization

...with all consequential damages. Therefore, when the breaching vendor failed to deliver goods, the company found an alternative source and bought the goods from the new source. Warranties and Product Liability While warranties and return policies on products are a sure way of attracting additional customers and maintaining the current market share, it is disadvantageous for the company to offer a warranty and return policy (Cheesman, 2011). This is because warranties entail plenty of paper work. This is essentially a substantial disadvantage as it increases costs. In addition, in offering a warranty...
8 Pages(2000 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Warranties and Product Liability for FREE!

Contact Us