BA 207 Business Law
Q 1. What are the general problems with the warranty theory?
Many who file claims for breach of contract, may have problems winning their cases, because of one or more of these general problems:
a. The claimant must prove that there was a sale.
b. The sale was of goods rather than real estate or services.
c. The action must be brought within the four-year statute of limitations under Article 2-275, when the tender of delivery is made, not when the plaintiff discovers the defect.
d. Under UCC, Section 2-607 (3)(a) and Section 2A-516(3)(a), which cover leases, the claimant who fails to give notice of breach within a reasonable time of having accepted the goods will see the suit dismissed.
Mayer, D., Warner, D. M., Siedel, G., & Lieberman, J. K. (2011). The Legal Environment and Business Law (Vol. 1.0, pp. 773). N.p.: FlatWorld.
Q 2. What was perceived to be inadequate about warranty and negligence theories that necessitated the …show more content…
It covers product design defects and whether the manufacturer to reasonable care to keep the consumer safe (782). A manufacturer should display warning defects on the products to avoid liability for injuries incurred by the purchaser. Failing to warn could be considerably costly to the manufacturer (783). The main problem with Negligence Theory does not necessarily protect the consumer, because the defenses against any claims have developed through Common-Law and Preemption (784).
Strict liability allows the plaintiff a greater ability to win their case and not be confined by warranty or negligence theories. The plaintiff does not need to prove that the defendants breached the contract. The courts use the Restatement of Torts, Section 402 A to determine liability (787). Mayer, D., Warner, D. M., Siedel, G., & Lieberman, J. K. (2011). The Legal Environment and Business Law (Vol. 1.0, pp. 770-787). N.p.:
Q 1. What are the general problems with the warranty theory?
Many who file claims for breach of contract, may have problems winning their cases, because of one or more of these general problems:
a. The claimant must prove that there was a sale.
b. The sale was of goods rather than real estate or services.
c. The action must be brought within the four-year statute of limitations under Article 2-275, when the tender of delivery is made, not when the plaintiff discovers the defect.
d. Under UCC, Section 2-607 (3)(a) and Section 2A-516(3)(a), which cover leases, the claimant who fails to give notice of breach within a reasonable time of having accepted the goods will see the suit dismissed.
Mayer, D., Warner, D. M., Siedel, G., & Lieberman, J. K. (2011). The Legal Environment and Business Law (Vol. 1.0, pp. 773). N.p.: FlatWorld.
Q 2. What was perceived to be inadequate about warranty and negligence theories that necessitated the …show more content…
It covers product design defects and whether the manufacturer to reasonable care to keep the consumer safe (782). A manufacturer should display warning defects on the products to avoid liability for injuries incurred by the purchaser. Failing to warn could be considerably costly to the manufacturer (783). The main problem with Negligence Theory does not necessarily protect the consumer, because the defenses against any claims have developed through Common-Law and Preemption (784).
Strict liability allows the plaintiff a greater ability to win their case and not be confined by warranty or negligence theories. The plaintiff does not need to prove that the defendants breached the contract. The courts use the Restatement of Torts, Section 402 A to determine liability (787). Mayer, D., Warner, D. M., Siedel, G., & Lieberman, J. K. (2011). The Legal Environment and Business Law (Vol. 1.0, pp. 770-787). N.p.: