Product Liability

8 flashcards · Other · by Nicole Lawrence

1. Format for Product liability

   Negligence Breach of Warranty (Express, Implied) Express Implied: Fitness for Purpose Implied: Merchantability Strict Product liability Add. Issues

2. Negligence

   Duty, Breach, Causation (proximate cause, actual cause), damages, defenses defense

3. Breach of Warranty: What is the general statement you always must put here?

   There are express and implied warranties

4. (Breach of Warranty) Express Warranty

   Specific promise made by seller about the quality, performance or nature of product

5. (Breach of Warranty) Implied Warranty: What is the the type of warranties we have available

   Merchantailibility Fitness for Purpose

6. (Breach of Warranty) Merchantilibility

   Product is of quality equal to a general acceptable standard, fit for ordinary use

7. (Breach of Warranty) Fitness for Purpose

   Seller knew, or should have known of a particular purpose for which goods are sold & buyer relying on seller skills or judgement to furnish goods.