Quiz 15: Warranties and Product Liability
Facts: A Verdict was offered by Federal Supreme Court that states the conditions imposed by the State Governments for restricting the operations of Video game manufacturers. The State Governments argue that a six-point rating system was not sufficient to reduce the chances of children gaining access to harmful video content. Thus, the government wanted to prohibit the use of explicit content in videos. The government claimed that it was necessary for protecting the innocent children from falling prey to vicious and crime involved in video games. The state Governments further argue that violence, crime and sexual assault of human figures in video games are to be treated as violent video games. The manufacturers of the video game filed a suit to invalidate the law made by the government. The court ruled its verdict in favor of the video game makers stating that the government rule is preventing the First Amendment rights. The First Amendment: The First Amendment of the Constitution is made to protect people's rights of freedom of speech and expression. It also allows people to represent their grievances and offers protection to the interest of the people. Its main objective is to protect the civil rights of people in terms of practicing the religion of the choice, freedom of speech, right to assemble and the freedom of the press. Discussion: Six- point grading system refers to the system wherein the video games are graded in six grades from early childhood to adults only. This helps the buyers to determine the type of game they purchase. However, some legislators believe that the six-point rating system is not helping in reducing the impact of video games on kids. It is because many video game makers rent the game videos to people. Thus, there is a possibility that even children can get an access to games which are not meant for them. The legislature further believes that the videos should contain specific warning symbols and signs to thwart kids from using them. Thus, it can be concluded that legislators believe that the six-point rating system is not of much help because it is unable to serve its purpose.
As per the product liability law, the manufacturers are held responsible if they are involved in producing defective products. As per the case, the manufacturer fails to inspect the product that led to the breach of contract. Hence, the SV Company would be liable to pay the damages to the injured.
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.
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