Aic 32 – Liability Claim Practices – Chapter 6

Front 1

Products liability

Back 1

A manufacturer's or seller's liabilityfor harm sufferedby a buyer, user, or bystander as a result of a product that has a dangerous manufactur­ing defect or design defect or that is not accompanied by a warningof an inherent hidden danger.

Front 2

Implied warranty

Back 2

An obligation that the courts impose on a seller to warrant certain facts about aproduct even though not expressly stated by the seller.

Front 3

Express warranty

Back 3

An explicitstatement about a product by the seller that the buyer orother user may rely on and that provides a remedy in the event the product does not performas claimed.

Front 4

Breach of warranty

Back 4

Source of liability based on laws that protectconsumers who purchase products that do not perform as expected.

Front 5

Implied warranty of title

Back 5

An impliedpromise in a contract for the sale of goodsthat the seller has legal ownership of goods and has no knowledge of any securityinterest or otherlien on the goods other than those disclosed to the buyer.

Front 6

Implied warranty of merchantability

Back 6

An implied warranty that a productis fit for the ordinarypurpose for which it is used.

Front 7

Implied warranty of fitnessfor a particular purpose

Back 7

An implied warranty that a product is fit for a particular purpose; applies if the sellerknows about the buyer's purpose for the product

Front 8

Seller

Back 8

Any party in the chain of selling, including suppliers, manufacturers, distributors, and retailers.

Front 9

State of the art defense

Back 9

A defense used when a product conformedto industry standards atthetime it was designed or built.

Front 10

Indemnification

Back 10

The process of restoring an individual or organization to a pre-loss financial condition.

Front 11

Spoliation of evidence

Back 11

The destruction or significant alteration of physical evidence.