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Fitness for a particular purpose |
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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 |
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Implied warranty of merchantability |
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Implied warranty of fitness for a particular purpose |
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Federal legislation relating to warranties of consumer goods |
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Goods normally used for personal, family,or household purposes |
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Limitation or modification of warranties |
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Determines who is liable for breach of warranty |
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Imposes strict liability in tort |
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Failure to provide adequate warning of possible danger or to provide appropriate directions for use of a product |
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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 |
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