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34 Cards in this Set
- Front
- Back
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Express Warranty |
orally or written factual statement one that the seller creates with his words or actions |
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Rite Aid Corp v. Levy Gray |
Levy won 250,000 because Yes it breached its express warranty because timing is not key. The essential issue is whether the advice can reasonably be considered part of the contract. |
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Implied Warranties |
created by the uniform commercial code itself, not by any act or statement of the seller
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sample or model |
any sample or model can create an express warranty |
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Oral Express Warranties (Disclaimers)
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May be disclaimed |
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Written Express Warranties
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May not be disclaimed |
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Implied Warrant of Merchantibility |
Unless excluded or modified, a warranty that the goods shall be merchantable is implied in a contract for their sale, if the seller is a merchant of goods of that kind.
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Western Blue Ship Tea Room |
Fish bone lodged in throat needed two operations Court- (Foreign/Natural) Fish bone is natural to fish chowder so there is no breach, metal diff't |
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Goodman v Wenco Foods Inc. |
Orders hamburger with cowbell in it. Court- Reasonable expectation of a consumer- would a reasonable consumer encounter this. No |
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Illinois Case (Pecan Ice Cream) |
Customer encountered a pecan Court- The reasonable customer did not expect to eat a pecan shell so there was a breach. |
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Implied Warranty of Fitness for a particular purpose |
Only exist where the buyer tells the seller that they need the product for a particular purpose |
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Warranties of Title |
Seller owns the title and there aren't any leans against the property |
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Warranties of Infringement |
You owning this property will not violate others property rights |
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Disclaimers |
Don't worry about getting sued so they get rid of warranties |
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Implied Warranties disclaimers |
as is, or without fault |
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CCB Ohio LLC V Chenque Inc |
sold a jar with a waterproof seal but it did not work, seller used guaranteed instead of as is Court Language did not work |
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Limitation |
something the seller imposes to try and get rid of warranties, does not allow a buyer to suffer consequential damage |
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Consumer buyer |
regular person |
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Business buyer |
limitation goes along with it |
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Breach of warranty only counts for |
personal injury |
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Privity of Contract |
When two parties contract, they are in privity. In the past, injured parties could only sue the party with whom he had privity. This has changed.-In cases of personal injury, the injured party may sue any responsible party, regardless of privity.-In cases of economic loss, the injured party may be required to have privity with the defendant. |
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Reed v City of Chicago
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JC Reed was arrested for trying to commit suicide. They put him in a paper isolation gown which Reed used to hang himself. Reeds mother sued the police for failure to monitor a suicidal inmate and also Cypress Medical Products for not making the gown out of a material that would tear if someone attempted to hang themself with it. Cypress moved to dismiss, claiming Reed had no privity with the company. Court said privity not required. UCC now extends an express or implied warranty to any injured person who is in the family or household of the buyer or who is a guest in the home if it is reasonable to expect that that person might use the goods or be affected by a breach of a warranty. |
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Statue of Limitations |
4 years from the time your purchased that product |
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Negligence Theory |
The part you sue has to be negligent (design of product, manufacturing the product, or failing to warn that if you use this you might be injured)
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Boumelhem v Bic |
A child lit a lighter and started a fire. Child hurt. Court- Bic Won because the followed the decision of the prior court |
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Ford Trunk Design |
someone tried to commit suicide Court- Not reasonable for ford to put release handle in trunk so Ford Won |
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Tequila Lack of Warning |
No warning for safe use of tequila, so girl died. Court- Judge granted against the family. The tequila company won. |
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Strict Liability/ |
You do not have to establish negligence with strict liability or the burden of proof. You just have to show that it is a defective product and it caused injury. |
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Convenience Store case/gun |
store got robbed, cashier shot, and files lawsuit against the manufacture of the gun Court- Cashier wrong because the gun was not defective. It did exactly what it was supposed to do. |
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Convenience store case/ incapacitating spray |
cashier now has a can of spray that should instantaneously incapacitate them, does nothing Court- Court allows cashier to sue because the product was defective and bodily injury done. |
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To file a strict liability case |
2 years from date of injury |
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Illinois Lemon Law |
If you have a certain number of problems within a certain time frame & mileage |
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Remedy to revoke acceptance for Illinois Lemon Law |
Give part back for your money |
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Doesn't require manufacture to have a warranty. If the product is selling a consumer product a full or limited warranty must be in place. |
