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Warranty

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Full-Text Articles in Law

Implied Warranty Claims Under The Magnuson-Moss Warranty Act: Resolving Fifty Years Of Uncertainty, Stephen E. Friedman Dec 2023

Implied Warranty Claims Under The Magnuson-Moss Warranty Act: Resolving Fifty Years Of Uncertainty, Stephen E. Friedman

Pace Law Review

This Article addresses whether Congress intended for consumers to bring implied warranty claims on consumer products under the Magnuson-Moss Warranty Act in all instances or only when a defective product is covered by a written warranty. The question, unresolved almost fifty years after the Act’s passage, is of great practical importance because consumers who bring claims under the Act are eligible for attorneys’ fees and other potential advantages not available to plaintiffs bringing warranty claims under state law. This Article analyzes the two current approaches courts have taken to address the issue: a broad approach where consumers can bring a …


Fit For Its Ordinary Purpose: Implied Warranties And Common Law Duties For Consumer Finance Contracts, Susan Block-Lieb, Edward J. Janger Jan 2022

Fit For Its Ordinary Purpose: Implied Warranties And Common Law Duties For Consumer Finance Contracts, Susan Block-Lieb, Edward J. Janger

Faculty Scholarship

The history of consumer goods and consumer credit markets pre-sents an anomaly: market transactions for consumer goods and credit transactions evolved in tandem from face to face and bespoke to standardized and widely distributed; the law governing these “product” markets has not. With consumer goods, the Uniform Commercial Code codifies implied warranties of merchantability and fitness for a particular purpose, and the common law of tort provides strict liability for defective products. With consumer fi-nance contracts, borrowers enjoy scant common law protection. And yet both consumer goods and consumer contracts may be danger-ously defective “products.”

This Article reconsiders the traditional, …


Up From Javins: A 50-Year Retrospective On The Implied Warranty Of Habitability, Alan M. Weinberger Apr 2020

Up From Javins: A 50-Year Retrospective On The Implied Warranty Of Habitability, Alan M. Weinberger

Saint Louis University Law Journal

No abstract provided.


Getting What You Bargained For: Avoiding Legal Uncertainty In Survival Clauses For A Seller's Representations And Warranties In M&A Purchase Agreements, Will Pugh Oct 2019

Getting What You Bargained For: Avoiding Legal Uncertainty In Survival Clauses For A Seller's Representations And Warranties In M&A Purchase Agreements, Will Pugh

The Journal of Business, Entrepreneurship & the Law

This note will examine the variables that effect the way that courts may limit parties’ contractual freedom to shorten or lengthen statutes of limitation. It will describe the legal levers that determine the applicable survival period and suggest ways that parties can reduce legal uncertainty around the “basket” of provisions including reps, warranties, survival, and indemnification periods. One key detail examined by this note is “borrowing statutes ”that could operate to import another state’s controlling statute. Additionally, this note will discuss ways in which the contractual right to indemnification for breached reps and warranties is a substantive right that is …


W(H)Ither Warranty: The B(L)Oom Of Products Liability Theory In Cases Of Deficient Software Design, Peter A. Alces Sep 2019

W(H)Ither Warranty: The B(L)Oom Of Products Liability Theory In Cases Of Deficient Software Design, Peter A. Alces

Peter A. Alces

No abstract provided.


Revamping The Right To Be Informed: Protecting Consumers Under New Jersey's Truth-In-Consumer Contract, Warranty, And Notice Act*, Jessica Guarino Aug 2019

Revamping The Right To Be Informed: Protecting Consumers Under New Jersey's Truth-In-Consumer Contract, Warranty, And Notice Act*, Jessica Guarino

Arkansas Law Review

Prior to the 1960s, “courts were notorious for their insensitivity to consumer interests, while legislatures did little in the way of offering the consumer comprehensive protection against business fraud.”1 However, the tide of legislation began to turn in the 1960s as a movement for greater consumer protections finally reached the ears of an individual with a powerful voice: President John F. Kennedy.


A Warranty Expired: Time To Rid Louisiana Of Fitness For Ordinaryuse, Sara Daniel Jan 2019

A Warranty Expired: Time To Rid Louisiana Of Fitness For Ordinaryuse, Sara Daniel

Louisiana Law Review

The article calls for the repeal of the warranty of fitness for ordinary use as a separate warranty in Louisiana which is vital for the preservation of redhibition and for the development of the warranty of fitness for particular use.


Comparative Warranty Law: Case Of Planned Obsolescence, Stefan Wrbka, Larry A. Dimatteo Jan 2019

Comparative Warranty Law: Case Of Planned Obsolescence, Stefan Wrbka, Larry A. Dimatteo

UF Law Faculty Publications

The cause of our present stagnation is that the supply line or arteries furnishing the needs of the country are clogged with obsolete, outworn and outmoded machinery, buildings and commodities of all kinds. These are obstructing the avenues of commerce and industry and are preventing new products from coming through. There is little demand for new goods when people make their old and worn-out things do, by keeping them longer than they should.


(الإشكاليات العملية للضمان العشري في عقود المقاولات (دراسة تحليلية, عبدالله سعيد محمد الحربي Apr 2018

(الإشكاليات العملية للضمان العشري في عقود المقاولات (دراسة تحليلية, عبدالله سعيد محمد الحربي

Private Law Theses

The United Arab Emirates massive infrastructure and real estate evolution over The past four decades placed a special importance on the Construction contracts Amongst other contracts. This importance will continue to exist especially as the Country continues to grow on all fronts to achieve its Centennial Plan 2071, which Aims to make the UAE best country in the world.

Due its importance, the Federal Law No. 5 of 1985 concerning the issuance of The civil transactions law of the United Arab Emirates dedicates articles 872 to 896 in The law to set special provisions regulating these type of contracts.

This …


Online And “As Is”, Colin P. Marks Jan 2018

Online And “As Is”, Colin P. Marks

Pepperdine Law Review

Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by attaching additional terms and conditions that one would not normally find in-store. Some of these conditions are logical limitations on the use of the retailers’ websites, but others go much further, limiting consumers’ rights in ways that would surprise many shoppers. In particular, many online retailers use these terms to limit implied …


The Macpherson-Henningsen Puzzle, Victor P. Goldberg Jan 2018

The Macpherson-Henningsen Puzzle, Victor P. Goldberg

Faculty Scholarship

In the landmark case of MacPherson v. Buick, an automobile company was held liable for negligence notwithstanding a lack of privity with the injured driver. Four decades later, in Henningsen v. Bloomfield Motors, the court held unconscionable the standard automobile company warranty which limited its responsibility to repair and replacement, even in a case involving physical injury. This suggests a puzzle: if it were so easy for firms to contract out of liability, did MacPherson accomplish anything?


Wearables And Warranties, Rachel Landy, Jennifer M. Halbleib Oct 2017

Wearables And Warranties, Rachel Landy, Jennifer M. Halbleib

Online Publications

The last few years have seen an explosion of wearable digital health products. Where a doctor’s visit used to be required for a basic check-up, now a patient’s health status is increasingly at his or her fingertips. We have the ability to track fitness levels, monitor lung and heart capacity, check skin temperature, and observe blood pressure with a simple wearable device.


A Statutory Override Of An “As Is” Sale: A Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, Richard J. Hunter Jr. Feb 2016

A Statutory Override Of An “As Is” Sale: A Historical Appraisal And Analysis Of The Ucc, Magnuson-Moss, And State Lemon Laws, Richard J. Hunter Jr.

University of Massachusetts Law Review

This Essay considers the common law view that the sale of a used car is essentially “as is,” in light of state lemon laws, which attempt to protect the interests of used car buyers under certain circumstances. The Essay highlights provisions of the New Jersey Lemon Law, which provide specific vehicle and parts coverage, warranty protections, and buyer rights in case the automobile is deemed a lemon, arguing that other states should consider adopting similar legislation in the name of consumer protection. The Essay describes the essence of a traditional “as is” sale, and emphasizes the fact that the “as …


The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger Dec 2015

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley Mar 2015

Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley

Georgia Journal of International & Comparative Law

No abstract provided.


Examples And Explanations: Sales And Leases 7th Ed., James Brook Jan 2015

Examples And Explanations: Sales And Leases 7th Ed., James Brook

Books

This book is an approachable and practical study guide to sales law, specifically UCC Articles 2 and 2A, providing brief textual introductions to standard definitions and concepts, followed by provocative examples, questions, and analyses.

Relying on the standard examples-and-explanation pedagogy, Sales and Leases: Examples & Explanations is an accessible, clearly written study guide for any student studying sales law, commercial law, commercial transactions law and contract law.

It gives you an organized way of working through the various sections, definitions, concepts, and controversies that make up the modern law of sales and lease of goods as rendered in Article 2 …


Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns Sep 2014

Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns

Nevada Law Journal

No abstract provided.


Shale In Sale—Adaptive Resolution Of Mineral Rights Disputes Through Warranty Law And Veil-Piercing Remedies, Martha Thibaut May 2014

Shale In Sale—Adaptive Resolution Of Mineral Rights Disputes Through Warranty Law And Veil-Piercing Remedies, Martha Thibaut

Louisiana Law Review

The article focuses on the adaptive resolution of mineral rights disputes through warranty law and veil-piercing remedies. Louisiana Second Circuit Court of Appeal cases include Tealwood Properties LLC v. Succession of Graves, Coleman v. Burgundy Oaks LLC and Spillman v. Gasco Inc. Other topics include the seller's obligation to warrant the buyer against eviction and significance of the Second Circuit Split.


Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary Mar 2014

Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary

University of Massachusetts Law Review

Massachusetts product liability law is unusual. Unlike most states, Massachusetts does not recognize strict tort liability in the product area. Rather, "strict product liability" is limited to breaches of warranty under Article 2 of the Uniform Commercial Code. the Massachusetts Legislature amended Article 2 in several ways to provide a "strict liability" remedy that is, in the words of the Massachusetts Supreme Judicial Court, "congruent in nearly all respects with the principles" of strict tort liability. The court has construed the amendments to the UCC as precluding the adoption of strict tort liability in Massachusetts. In most ways, Massachusetts product …


Strict Products Liability At 50: Four Histories, Kyle Graham Jan 2014

Strict Products Liability At 50: Four Histories, Kyle Graham

Faculty Publications

This article offers four different perspectives on the strict products-liability "revolution" that climaxed a half-century ago. One of these narratives relates the prevailing assessment of how this innovation coalesced and spread across the states. The three alternative histories introduced by this article both challenge and complement the standard account by viewing the shift toward strict products liability through "populist," "practical," and "contingent" lenses, respectively. The first of these narratives considers the contributions that plaintiffs and their counsel made toward this change in the law. The second focuses upon how certain types of once-common products cases forged a practical argument for …


Fifty Years Of Landlord-Tenant Law: A Perspective, Dale A. Whitman Jul 2013

Fifty Years Of Landlord-Tenant Law: A Perspective, Dale A. Whitman

University of Arkansas at Little Rock Law Review

No abstract provided.


The Scope And Limitations Of The Implied Warranty On Federal Government Design Specifications , Charles Mandel Feb 2013

The Scope And Limitations Of The Implied Warranty On Federal Government Design Specifications , Charles Mandel

Pepperdine Law Review

No abstract provided.


Seller's Warranty Liability Under The Uniform Commercial Code: Should Buyer's Merchant Status Affect His Right Of Recovery?, Olin W. Jones Feb 2013

Seller's Warranty Liability Under The Uniform Commercial Code: Should Buyer's Merchant Status Affect His Right Of Recovery?, Olin W. Jones

Pepperdine Law Review

No abstract provided.


Dollars And Horse Sense: Why Prudent Buyers And Sellers Should Account For Article 2 Of The Uniform Commercial Code In Their Equine Sales Contracts, Veronica J. Finkelstein Jan 2013

Dollars And Horse Sense: Why Prudent Buyers And Sellers Should Account For Article 2 Of The Uniform Commercial Code In Their Equine Sales Contracts, Veronica J. Finkelstein

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Some Thoughts About Warranty Law: Express And Implied Warranties, Richard A. Lord Dec 2012

Some Thoughts About Warranty Law: Express And Implied Warranties, Richard A. Lord

Richard A. Lord

This article will conclude the author's consideration of warranty law in North Dakota, which began with an explanation of some of the more interesting aspects of the warranty of title. It is the goal of this article to explore some of the problems that occur with respect to express and implied warranties which arise in connection with the sale of goods. To that end, the article will first discuss the way in which these warranties arise, including their history and status, some of the more recent developments in this state, and finally probable future prospects. The practitioner should be aware …


An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commercial Code Section 2-318 (Alternative A), William L. Stallworth Nov 2012

An Analysis Of Warranty Claims Instituted By Non-Privity Plaintiffs In Jurisdictions That Have Adopted Uniform Commercial Code Section 2-318 (Alternative A), William L. Stallworth

Pepperdine Law Review

No abstract provided.


Warranting Rightful Claims, Karen E. Sandrik Aug 2012

Warranting Rightful Claims, Karen E. Sandrik

Louisiana Law Review

No abstract provided.


Unrevised Section 2-207--Different Terms Revisited, Sidney Kwestel Jan 2012

Unrevised Section 2-207--Different Terms Revisited, Sidney Kwestel

Sidney Kwestel

No abstract provided.


Condo Developers And Fiduciary Duties: An Unlikely Pairing?, Alisa M. Levin Apr 2011

Condo Developers And Fiduciary Duties: An Unlikely Pairing?, Alisa M. Levin

Alisa M Levin

"Condo Developers and FIduciary Duties: An Unlikely Pairing? explores the nationwide issues that are created and flogging the court systems in relation to developers of residential real estate sell condominiums that are unfinished, incomplete or underfunded. From California to Washington D.C., condominium owners and prospective purchasers are forced to deal with unscrupulous real estate developers who profit from quick turnaround in the condominium market. Exploring the notions of fiduciary duty and liability, light is shed on how municipalities, building departments and courts alike can require more pre-sale disclosure, complete construction and adequate funding in order to insure consumer expectations are …


Warranting Rightful Claims, Karen E. Sandrik Jan 2011

Warranting Rightful Claims, Karen E. Sandrik

Karen E. Sandrik

Damage awards for patent infringement have sky-rocketed and sparked significant debate in recent years. A part of this patent damages debate focuses on non-practicing entities, or so-called “patent trolls.” A patent troll is a patent owner that demands a royalty based on patented technology, yet does not actually make use of the technology to provide an end product or service. Patent trolls are known for their aggressive and opportunistic behavior. Their strategy is simple: create nuisance and inflict fear. Increasingly, buyers of goods using patented technology are availing themselves of the “warranty against infringement” (“WAI”) provided by the Uniform Commercial …