15-2 Protecting through Action by the Consumer

A warranty that obligates the seller to repair or replace the defective product with only a labor cost to the buyer is still a full warranty.

• True, labor costs are not included.

• True, at 50% of the labor cost.

• False, full warranty would mean no cost to the buyer

The three tort causes of a product liability suit are fraud, negligence, and _________. (verify the spelling)

The warranty of ______ is implied against merchants of food products to be sure those products are not adulterated. (verify the spelling)

An express warranty may be given orally and still be legally effective

• True, unless the contract is written

• True, if there are witnesses

• False, express warranties must be written.

Implied warranties apply to all product sales unless specifically disclaimed.

• True

• False, all warranties must be agreed upon

• False, implied warranties only take affect with car sales

To install a brick walk in front of his home, Winslow bought three sacks of standard Pyramid-brand mortar mix from the U-Can-Do store. Instructions on the bags warned against direct contact with skin. Although Winslow had sensitive skin, he repeatedly touched the wet mix with his bare hands. This burned his hands, and he developed an allergic rash. Is either U-Can-Do or Pyramid liable to him under theory of product liability

• Pyramid is liable because they created the mortar mix

• U-Can-Do is liable because they sold the mortar mix

• Both are liable due to current privity of contract laws

• Neither are liable because the instructions contained warning and the product was not defective.

When its new video game system developed problems after more than 150,000 had been sold, the maker repaired or replaced them. To induce sales it then extended the warranty on the unsold systems in retailer's stores for another two years. The maker also extended the warranty on the systems already sold. Can the maker be legally held to the extended warranty by the owners of the previously sold systems even if they gave no consideration for it? Why or Why not?

• Yes, the original contract can be amended with no extra consideration

• No, consideration must be given for the warranty

• No, warranties cannot be added after the fact

Kent was critically injured when he dropped a running lawnmower on his foot. At the time he dropped it, Kent was using the lawnmower to trim the top of a three-foot-high hedge. He sued the retailer, wholesaler, and manufacturer of the lawnmower on a product liability theory. Kent claimed an automatic shutoff should have been built into the lawnmower for time when it was not in contact with the ground. Will Kent win? Why or why not?

• Yes, the lack of an automatic cutoff makes the lawnmower unreasonably dangerous

• No, the lawnmower was not being used for its intended or a foreseeable purpose.

• No, Kent did not get a warranty.

While in Florida, Van Loon decided to go fishing for tarpon. Visiting Stanton's Sports Shop, Van Loon explained his specified need to the salesperson. Van Loon then bought the fishing gear the salesperson recommended. During the first trip out, Van Loon had repeated strikes, but the line was too light for the weight of the fish. The line broke every time even though handled properly. What legal rights, if any, does Van Loon have against Stanton's?

• Van Loon can sue Stanton's and receive damages for time wasted

• Van Loon can get a refund for the product as it was not fit for the purpose in spite of the recommendations from the salesperson

• Van Loon has no legal rights as he chose to buy that fishing line.