October 19, 2011 - Warranties and Product Liability (Chapter 17)

1. What is a warranty?

2. What is a warranty of title?

3. List the three ways a seller can create an express warranty.

4. Under UCC 2-313, what does basis of the bargain mean?

5. Do statements of opinion and value create express warranties?

6. What is an implied warranty?

7. According to UCC 2-314 what is an implied warranty of merchantability?

8. Brief Shoop v. DaimlerChrysler Corp.

9. What is an implied warranty of fitness for a particular purpose?

10. What is the difference between particular and ordinary?

11. Can a warranty arise from a course of dealing - implied from prior trade customs?  Why?

12. What is a warranty disclaimer?

13. What is the Magnuson-Moss warranty act?

14. What is a lemon law?

15. Describe product liability?

16. What is negligence?

17. What are the three assumptions that form the basis for strict product liability?

18. What are the six requirements for strict liability.

19. Brief Wyeth v. Levine.

20. What is a design defect?

21. What is a manufacturing defect?

22. What is the theory of comparative fault?