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Torts • Products Liability
TORT#079
Legal Definition
Express warranties are an affirmation of fact or promise about goods that becomes a basis of the bargain. Plaintiffs must show: (1) that the warranty was breached because the product failed to live up to the warranty; (2) actual and proximate causation; and (3) damages.
Privity with the defendant is not required so long as someone in the chain of ownership relied on the initial representation.
Privity with the defendant is not required so long as someone in the chain of ownership relied on the initial representation.
Plain English Explanation
When a manufacturer or distributor of a product makes a claim that the product can do something, or can be used in a certain way, and it turns out that it can't, then they are liable for the harm caused to the user.
Related Concepts
In establishing a valid strict products liability claim, what is a design defect?
In establishing a valid strict products liability claim, what is a manufacturing defect?
In establishing a valid strict products liability claim, what is a warning defect?
What are the 5 theories of products liability?
What are valid defenses to product liability claims based on breach of warranty?
What are valid defenses to strict products liability?
What is required to bring a valid products liability claim under breach of implied warranty of fitness for a particular purpose (IWFPP)?
What is required to bring a valid products liability claim under breach of implied warranty of merchantability (IWM)?
What is required to bring a valid products liability claim under intent?
What is required to bring a valid products liability claim under misrepresentation of fact?
What is required to bring a valid products liability claim under negligence?
What is required to bring a valid products liability claim under strict liability in tort?
