Warranty Of Fitness ,ucc 312

Front 1

CAn you solely for economic harms due to negligence in tendering a safe product?

Back 1

There can be no negligence claim solely for economic, business, or profit related injuries resulting from the defendant;s negligence)

Front 2

UCC 2-318

Back 2

UCC 2-318Seller's express or implied warranties extend beyond the buyer to any natural person (not a corp) who suffers personal injury, privuded the injured plaintiff was the buyer, in the buyer's family or household, or the buyer's guest (But not an employee or tenant of the buyer), if it was reasonable to expect that such person would use, consume, or be affected by the goods)

Front 3

How does New York deal with 2-318-type third party beneficiary protection?

Back 3

In NY, and 7 other jurisdictions, this third party beneficiary warranty protection (known as horizontal privity) is extended beyond the buyer's household to include any natural person who reasonably could be expected to use or be affected by the good, thus, in spite of the absence of direct privity, where personal injury is proximately caused by a breach of warranty, then the injured person, by using horizontal privity, can sue, and by using vertical privity can sue the retailer, supplier, or manufacturer for damages from the physical injury.
(horizontal from buyer and vertical to suppliers)

Front 4

PINE

Back 4

(PINE is, I assume,

PRivity
(you can sue if you bought it)

Implied warranty of marchantability or fitness

N - Negligence

E - Express Warranty/

Front 5

What are seller's and wholesalers protection if the manufacturer messed up the good?

Back 5

All sellers, wholesalers and retailers can seek indemnification against the manufacturer

Front 6

Whats the difference between horizontal and certical privity?>

Back 6

Vertical privity determines who can be a defendant in a warranty cause of action where the plaintiff is suing for physical injury.

Horizontal privity who can be a plaintiff

Front 7

What must the plaintiff prove to succeed on a warranty claim

Back 7

The plaintiff must not only prove the warranty and its breach, but amust also show the breach was the proximate cause of the injury sustained

Front 8

Can horizontal and vertical privity be used economic damages?

Back 8

Horiizontal and vertical privity can be utilized only in a claim for physical injury COA, or when bsed on an EXPRESS warranty, a suit is allowed for economic injury

Front 9

WHen can you sue for STRICTLY economic losses?

Back 9

When suing for economic injury (lost profits or lost bargain, DIRECT PRIVITY OF CONTRACT is required when based on an implied waranty claim (fitness or merchantability.)

When suing solely for econonomic loss (lost profits or the cost to repair or replace the defective good), horizontal and vertical privity don't apply, (express warranty would be direct privity.)

Front 10

economic harm example

Back 10

EG, this means that if there's no personal injury, you can't sue

Front 11

Is privity a defense to negligence or strict liability?

Back 11

Lack of privity is not a defense in a negligence or strict products liability claim.

Front 12

G in GPOMS

(Defenses to warranty calims_

Government preemption

Back 12

Under the COnstitution's supremacy clause, a claim under state law or common law is preempted if it is prohibited by or conflicts in some way with a federal statute or regulation

Front 13

What is the main factor in determining that a fed statute preempts.

Back 13

THe key to a preemption question is the intent and scope of congress to preempt state law.

If congress defines the preemptive reach of the fed statute, it infers that matters beyond that reach have not been preempted.

Front 14

A in GPAMS

ASsumption of RIsk

Back 14

ASsumption of risk refers to where the plaintiff was aware of the defect, bu unreasonably and voluntarily continued to use the product. It can be asserted as a complete defense to any PINE claim.

Implied, express, strict, or negligence

Front 15

Is assumption of Risk used in New York State?

Back 15

In NY, with the exception of participants or spectators at athletic activities, the defense has been supplanted by comparative negligence.

Front 16

NY E.G. for C.N.

Back 16

If a guy uses a manufacturer after he sees a fireball fly out, not going to find his to have no remedy due to AOR, in NY comparative negligence analysis would divide responsibility.

Front 17

Elements of AOR

Back 17

AOR defense arises when 1. Plaintiff knew of the dangerous characteristics of the defective product, or the danger was so obvious the plaintiff must have known it

2. The plaintiff voluntarily exposed himself to that danger.

3. Th decision to encounter the known risk was unreasonable.

Front 18

?

Back 18

THE AOR rule does not apply when a plaintiff did not become aware of the dangerous defect, because of an inadequate inspection or a total failure to inspect, but such failure may constitute comparitive negligence.

Front 19

L in GPAL.MS

Lack of timely notice

Back 19

Lack of timely notice to the seller.

A P who within reasonable time fails to give written or oral notice of the defect to each potential defendant in the vertical chain of privity is prevented from suing that defendant for breach of warranty.

Notice to a manufacturer is not notice to the retailer.

A consumer has more time than a merchant to give timely notice.

Front 20

M in GPALMS

Misuse of the good

Back 20

Unforeseen misuse of the good.

The defense exempts the seller from liablity for injuries proximately caused by the plaintiff's misuse of the product in a manner or for a purpose that was not intended by the manufacturer and which could not have been reao=sonably foreseen.

A manufacturer is also under a duty to make a product safe for the unintended but reasonably foreseeably uses to which the product could be put to use.

Front 21

Misuse E.G.

Back 21

Kids arent supposed to eat action figures, but its foreseeable, so the burden is on the manufacturer to anticiopate this and make it safe considering.

Front 22

What is consumer removes a safety device?

Back 22

A manufacturer is not liable for a defective design strict products liability claim for a purchaser's substantial alteration of the product by removing a safety device, even though its removal was foreseeable.

The manufacturer may be liable for inadequate warning.

Front 23

S in GPALMS

Back 23

SOL - four years from when the defendant in the vertical privity chain first tendered that defective good

Front 24

WHen does SOL begin to run on express warranty as to future performance.

Back 24

WHere an express warranty expicitly extends to the future performance of the good, then the SOL does not begin to run until the breach is or should have been discovered.

Front 25

express as to future performance E.G.

Back 25

Costco set of tires, they make no warranty, must sue on warranty within 4 years.

SOme other place where they give you a fie year warrant,y SOL begins from the day you discover the defect (eithin five years)

Front 26

N in PINE

Back 26

A Negligence claim requires proof of the defendant's failure to use reasoanable care to tender a safe product. No privity is required, but recovery is only allowed where there has been a physical injury.

Front 27

Are retsilers or wholesalers ever liable ingligence?

Back 27

A retailer or wholesaler who could have discovered the dangerous defect by a mere inspection (it was not latent) is liable in negligence

Front 28

Privity requirement

Back 28

breach of warranty claims arising from the sale of goods require some form of privity of contract with a seller who has expressly or impliedly warranted the performance of that product.

Front 29

CL direct privity requirement.

Back 29

Parties who have entered a contract with eachother (buyer and seller) and in "direct privity "at common law, only buyers in direct privity could recover for the harm caused by a defective, unsafe product.