👀
Torts • Products Liability
TORT#083
Legal Definition
Sellers are liable for misrepresentations of facts concerning their products when: (1) the statement was of a material fact concerning quality or uses of goods; (2) the seller intended to induce reliance by the buyer in a specific transaction; (3) the buyer justifiably relied; (4) there is actual causation; (5) there is proximate causation; and (6) the buyer suffered damages.
Plain English Explanation
Think about a sleazy used car salesman trying to close a deal, doing whatever it takes to make the sale. Misrepresentation is more than just claiming that "this is a great car," or "you'll love it!" Misrepresentation is intentionally presenting false information about the product in a way that convinces a person to purchase it, like claiming that a used car "has a perfect transmission" when it does not, or that the car was "never in an accident," when it was.
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 express warranty?
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 negligence?
What is required to bring a valid products liability claim under strict liability in tort?
