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Cleveland State Law Review

Implied warranty

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Full-Text Articles in Law

Product Liability For A Defective House, Joseph A. Valore Jan 1969

Product Liability For A Defective House, Joseph A. Valore

Cleveland State Law Review

The position of the American courts regarding the matter of the liability of a builder-vendor for his work is best answered by examining cases from some of the various jurisdictions to see how the problem has been handled. A builder should be held to warrant his product to be free from defects and to be suitable for the use intended. The cases reflect the growing desire to provide the buyer of a new house with this protection. Yet, protection is generally extended only to one who buys a house which is not finished.


Contributory Negligence In Product Liability, S. Burns Weston Jan 1963

Contributory Negligence In Product Liability, S. Burns Weston

Cleveland State Law Review

This article does not purport to be exhaustive. It does explore the extent to which classical defenses of contributory negligence, assumption of risk and their relative, "misuse of product," are available in product liability actions. Caveat: By the time this printer's ink is drysome of these applications may be available no longer.


Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess Jan 1961

Lung Cancer Liability Of Cigarette Manufacturers, Richard H. Burgess

Cleveland State Law Review

The medical evidence is quite strong as to tobacco causation of lung cancer. However, this leaves several legal questions to be answered before a plaintiff can recover from a cigarette manufacturer. The primary question at hand is: Do cigarette manufacturers impliedly warrant that their product is not dangerous to health; or, if not, do they have a duty to warn the public or the consumers in some direct way of the probable dangers to health in smoking. To phrase it differently, recovery will most likely lie in either implied warranty or in negligence, until statutory provisions are made to help …


Food Additives: Legal Recognition Of A Scientific Problem, Robert E. S. Post Jan 1960

Food Additives: Legal Recognition Of A Scientific Problem, Robert E. S. Post

Cleveland State Law Review

Food additives could create one of the nicest legal problems that courts have ever had to face. We are not concerned with theories of negligence, warranty, privity, or statutory interpretation as it applies to any of these three concepts. The real problem is twofold: establishment of harm arising from the presence of an additive or additives; and establishment of a judicial policy to contemplate the fact that, if and when such harm does befall someone, it will happen in spite of the utmost good faith on the part of the manufacturer, and in the face of legislative and administrative authorization …


Product Warranty Liability, Lee E. Skeel Jan 1957

Product Warranty Liability, Lee E. Skeel

Cleveland State Law Review

Much has been said about the liability of a manufacturer to a sub-purchaser for injuries caused by his products. Actions against manufacturers, if based on the theory of negligence, offer obvious difficulties of proof. Actions based on implied or even express warranties often are defeated by lack of contract privity. There is however, a widespread misconception of the true nature of warranty. This misconception must result in unjust decisions in some cases. It therefore is desirable that the true nature of warranty be analyzed. Such analysis may disclose the proper relation of an express or implied warranty to the injury …