Welcome

Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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I have no set schedule of posting, but I hope you will check in from time to time.

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Monday, June 14, 2010

4 – Strict Liability in Torts (Strict Liability for Defective Products - Warranty)

4 – Strict Liability in Torts (Strict Liability for Defective Products - Warranty)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

Now, let’s talk about a warranty claim in strict product liability.

There are three basic types of warranties: Express, Implied Warranty of Merchantability and Fitness for Particular Purpose.

1. Express Warranty: Actual warranty does not come up often on exams, but it certainly could. Obviously, this is the situation where a manufacturer states that it will warrant a product performance or fitness – the nature or quality of the product.
2. Implied warranty of merchantability: Every sale of a product by a merchant contains an implied warranty (unless adequately disclaimed) that the product is merchantable, that is, fit for the general purposes for which the product is sold and used. This warranty extends to protect the purchaser of the product and others too, depending on the privity requirement in effect in the jurisdiction. This is the fitness for a general purpose.
3. Fitness for particular purpose: Here, the question is whether a reasonable seller would know what the product is commonly used for.

Privity. This issue should not present a problem today because even the strictest version of privity applied in some states extends privity to include the buyer’s family and guests. Other states extend it to all foreseeable plaintiffs.

Professor Doug Holden
© 2010. Douglas S. Holden. All Rights Reserved.

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