Shared Flashcard Set

Details

Ch. 22
Product Liability: Warranties and Strict Liability
31
Law
Undergraduate 4
12/09/2011

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Cards

Term
Warranty
Definition
Term
Warranty of title
Definition
Term
Express warranty
Definition
Term
Implied warranty
Definition
Term
Merchantability
Definition
Term
Fitness for a particular purpose
Definition
Term
Disclaimer
Definition
Negation of a warranty
Term
Express warranty
Definition
Term
Warranty of title
Definition
May be excluded or modified by specific language or by certain circumstances, including judicial sale or a sale by a sheriff, executor, or foreclosing lienor
Term
Implied warranty of merchantability
Definition
Term
Implied warranty of fitness for a particular purpose
Definition
Term
Federal legislation relating to warranties of consumer goods
Definition
Term
Consumer goods
Definition
Goods normally used for personal, family,or household purposes
Term
Limitation or modification of warranties
Definition
Term
Privity
Definition
Contractual relationship
Term
Horizontal privity
Definition
Term
Vertical privity
Definition
Determines who is liable for breach of warranty
Term
Contributory negligence
Definition
Term
Definition
Is a defense
Term
Section 402A
Definition
Imposes strict liability in tort
Term
Strict liability in tort
Definition
Term
Manufacturing defect
Definition
Term
Design defect
Definition
Term
Failure to warn
Definition
Failure to provide adequate warning of possible danger or to provide appropriate directions for use of a product
Term
Unreasonably dangerous
Definition
Term
Contributory negligence
Definition
Term
Comparative negligence
Definition
Term
Definition
Express assumption of risk is a defense to an action based upon strict liability; some states apply implied assumption of risk to strict liability cases
Term
Definition
Is a defense
Term
Subsequent alteration
Definition
Term
Statute of repose
Definition
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