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Products

Liability
Negligence Strict Liability Implied
Who Can Any Any Warrantiesand
Purchaser
Sue? foreseeabl foreseeable her family,
e Plaintiff plaintiff household,
and guests

Who Can Any Any Merchantabili


Be Sued? commercia commercial ty: A
l supplier supplier merchant
(e.g., dealing in the
manufacte kind of goods
rer, sold Fitness
wholesaler for a
, and particular
retailer) purpose: any
seller of the
goods

What Negligent The supplying Merchantabili


Constitute Conduct of a ty: Sale of
s Breech? that defeective goods not
results in product generally
the acceptable or
supplying fit for ordinary
of a purpose
defective Fitness for a
product Particular
Purpose: Sale
of goods not fit
for purpose
that seller
knows or has
reason to
know of (and
knows that the
buyer is
relying on
seller's
judgment)

What Personal Personal Personal injury


Damages injury and injury and and property
Can be property property and property
Recovered damage damage (no damage
? (no recovery for (recover solely
recovery economic for economic
for loss standing loss also
economic alone) permitted)
loss
standing
alond)
What Assumptio Contributor Contributory
Defenses n of the y Negligence
Are risk and Negligence State:
Available? any type States: Assumption of
of Assumption the risk,
contributor of the risk unreasonabele
y and misuse, and
negligence unreasonable failure to give
misuse reasonable
(failure to notice of
discover or breach
guard against Comparative
defect not a Negligence
defense) States: Any
Comparativ type of fault
e (under state's
Negligence comparative
States: Any negligence
type of fault rules)
(under
state's
comparatvie
negligence
rules