The things most frequently linked with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. A warranty is breached when the guarantee is broken or when goods are not as anticipated, at the time the sale takes place, whether or not the defect is obvious. The seller is responsible to make things right by giving a refund or replacement.
It is possible for a seller to disclaim warranties. This is usually done by a statement made by the seller that states that no other warranty is expressed or implied. The UCC covers the scope to which sellers may disclaim definite kinds of warranties such as the warranty of merchantability or fitness for a particular purpose, or even disclaim all warranties in the case of starting that the goods are sold as is. Seller can specifically disclaim warranties of merchantability and fitness for a particular function. Including the warranty of merchantability seems sensible, as section 2-316 of the UCC states that "to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability." In this case the seller could have made such a statement in order to disclaim some of the warranties in regards to their product. Not all states allow seller to disclaim warranties, especially implied warranties. Even if disclaiming warranties are allowed, these disclaimers are not very popular with judges. Judges often determine that it would be unfair to enforce a disclaimer of implied warranties against the buyer.
In this case if they seller had made the statement that the Gizmo was to be sold as is they might have been able to relieve...
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Companies such as XYZ Widget Corporation are well situated to take advantage of burgeoning markets in developing nations, particularly in Asia and Africa. 2. XYZ can grow its business by expanding its operations to certain developing nations in ways that profit the company as well as the impoverished regions that are involved, particularly when marketing efforts are coordinated with nongovernmental organizations operating in the region. 3. Several constraints and challenges must
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Rap Music - a Soundtrack of Revolution Soundtrack of Revolution for the Generations of Rap Artists Since 1980s Hip hop is a culture that encompasses a vast corporation of artistic forms, which originated from marginalized subcultures within the South Bronx in New York City during the 1970s. This culture encloses four distinct elements, representing diverse manifestations of its founding reasons: the rap music (oral), disc jockey (turntablism), graffiti art (visual), and break-dancing
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