Quiz 18: Warranties and Product Liability
In the present case the contract is not enforceable due to the reason that is was contracted orally (over the telephone) and no written agreement or consent exists confirming Sonja's intention to purchase the X23 Ovens. Also the refusal by Sonja is prior to the delivery of the X23 Ovens and the ovens are not goods that are manufactured or obtained specially for Sonja.
Factors: • Facts that represents quality, description, condition and performance. • Model no and sample of the product. • Warranty should be the source of the bargain. • Declarations of judgement do not make express warranties.
The seller can be held liable for physical harm or property damage caused by the products to the buyers in the case of the following: • Warranty theories • Theories of negligence: where due care has not been employed in order to render the good safe. • Misrepresentation: in the situation where there is deceptive misrepresentation of the good and causes injury to the buyer. This leads to tort of fraud. • Strict liability: the producers are responsible for their actions irrespective of their actions. This leads to a tort doctrine.