Arvo Lake, a Retired Seventy-One Year Old Man, Bought an Air Conditioner in May.
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Arvo Lake, a retired seventy-one year old man, bought an air conditioner in May. The unit was installed and operated according to the manufacturer's specifications. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and then death. The executor of Lake's estate sued the manufacturer of the air conditioner for damages resulting from breach of warranty.
Which warranties, if any, has the manufacturer of the air conditioner breached?
For a manufacturer to be…show more content…
The large number of handlers in the process of manufacturing and packaging a product typically makes it difficult to prove when and how the manufacturer was negligent.
The breach of the warranty is that the A/C was defective due to a design defect, and the manufacture is liable for the harm it cause to Lake
Breach of warranty-based product liability claims usually focus on one of three types:
1. Breach of an express warranty - An express warranty is a guarantee from the seller of a product that specifies the extent to which the quality or performance of the product is assured and states the conditions under which the product can be returned, replaced, or repaired. It is often given in the form of a specific, written "Warranty" document. However, a warranty may also arise by operation of law based upon the seller's description of the goods, and perhaps their source and quality, and any material deviation from that specification would violate the guarantee. For example, an advertisement describing a product is often full of express warranties; the product must substantially conform to what is advertised. Many advertisers insert disclaimers for this purpose (e.g., "actual color/mileage/results may vary", or "not shown actual size"). Commonly, written warranties will assure the buyer that an article is of good quality and against defects in "materials and workmanship." A warranty may also apply to services that