Warranties and Product Liability

1.What are the tort theories are available to a plaintiff alleging harm caused by a product?

2.What are the contract theories available to that plaintiff?

a.What are express warranties and when are they created?

b.What is the implied warranty of merchantability?

c.What is the implied warranty of fitness for a particular purpose?

d.How can sellers limited their liability for warranty claims?

3.What is strict products liability?Does it require intent to harm, negligence or other proof of fault by the defendant?Why or why not?Who can be the defendant in a strict liability case?

4.What are the required elements in a strict liability action brought under Section 402A?How does the Restatement Third change the legal standard in a design defect case?

5.How might a plaintiff prove each of the following defects in a product liability case brought under Section 402A?

a.Defective manufacture

b.Defective design

c.Defective packaging

d.Failure to warn as a product defect

6.What defenses might a defendant raise in a strict product liability case?What might the court consider a supervening event?What is the difference between a statute of limitations and a statute of repose?