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Brooklyn Journal of Corporate, Financial & Commercial Law
Warranty; Transaction; Uniform Commercial Code; UCC; Amazon; Tort; Contract; consumer goods; seller; buyer; warrantor; restatement of contracts; restatement of torts; product liability; warrantor-by-estoppel; agency law; caveat emptor; brick-and-mortar store; third-party seller; UCC Section 2-314; UCC Section 2-318; strict liability; UCC Section 2-106; UCC Article 2; privity; seller by estoppel; disclaimer; UCC Section 2-719(3); Section 402A of the Restatment of Torts; Henningsen v. Bloomfield Motors
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Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski
Brooklyn Journal of Corporate, Financial & Commercial Law
Amazon, and other internet sales platforms, have revolutionized the manner in which goods are purchased and sold. The obligations undertaken by Amazon in those sales are unclear, both as a matter of transparency, and as a matter of legal doctrine. Is Amazon a store? Is it a shipper? Is it a telephone? In various transactions Amazon can play some or all of these roles. Choosing the right metaphor has consequences. Amazon knows this and has done everything it can to deploy the metaphors selectively to its best legal and practical advantage, even when the chosen characterizations are inapt or even …