BLAW 300 Lecture Notes - Lecture 4: Implied Warranty, Product Liability, Microsoft Powerpoint
Document Summary
Need to look back over powerpoint slides for this chapter; skipped through a lot. Ability of person to recover for damages when a product malfunctions. Only person who could sue was the purchaser. Common law began to expand to create expansion of liability. A warranty is an assurance by the seller concerning the goods. If seller breaches a warranty, buyer can recover damages or rescind the contract. Normally warranties can be disclaimed or modified in the contract. The seller makes representations about the quality of the goods. The buyer must rely on the warranty when entering into the contract. One that the law derives by inference from the nature of the transaction. Goods must be "reasonably fit for ordinary purposes for which such goods are sold" Implied warranty of fitness for a particular purpose. Knows the particular purpose for which the goods are being bought. Knows the buyer is relying on seller"s skill and judgment to select suitable goods.
