The Pros And Cons Of Breach Of Warranty

For example, a consumer has the right to expect a product which is safe to use in the manner instructed by the manufacturer. In turn, that manufacturer has a responsibility to create a product which is safe if used in the manner specified. If any dangers are present, they need to be displayed on the product or its packaging. As a consumer, if I already know what I’m getting myself into, then whatever the result in the end is was from my own doing, it was my decision to make and no one else’s, and I have no

In first Place, I´m going to introduce some concepts about products liability law and products liability; which refers to the liability of any or all parties along the chain of manufacture of any product for any damage or harm caused by that product. This includes the manufacturer of component parts

In 2007, Mattel a California based toy company shockingly recalled 19 million toys that had been manufactured in China. Mattel was founded in 1944, and has produced iconic toys such as Barbie and Hot Wheels. The company had a long established trust with their consumers that had been forged from decades of reliability. However, when the company recalled 19 million toys due to health and safety violations, consumer confusion and outrage soared. The public wanted to know how such an established company’s safety regulations could fail, how Mattel was addressing the issue, and whether consumers could trust Mattel to produce reliable toys in the future.

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 Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.

Product liability is a law where the manufacturer, supplier seller and others who produce and sell products to the public are responsible for the injuries that is caused by that product. When individuals are harmed by an unsafe product, they may have a cause of action against the persons who designed, manufactured, sold, or furnished that product

Warranties come in two forms, either expressed or implied. The difference in the two is expressed warranties are stated and implied warranties are terms not discussed by the parties yet covered by the UCC. Examples of expressed warranties are often supplied with new automobiles or cell phones sold with lengthy, written, and specific warranties. An example of

This is when a trader made a false statement of a product or service but believed that the statement was true. Example of this would be a trader saying that the phone is water proof but it real isn’t. this would be deliberately done, so to make it fair the court would say the contract would have to be

Businesses could be held liable for negligent tort if their product injury, harms consumers or is falsely represented. Nonetheless, when the circumstances warrant, parties that are not guilty of negligence or an unintentional tort can still be subjected to compensations when their products injure customers (Seaquist, 2012) Recall Negligence is an unintentional tort wherein one party is injured result to some actions of another. There are certain factors that must be considered to determines whether a corporation acted negligently. The elements are the following: a breach of that duty, legal duty to use due care, a reasonable close causal connection between the breach and the plaintiffs resulting in injury, and the actual loss or damage to the plaintiff. This paper is going to discuss a negligent tort due to a company’s recall of its product. The company may be considered liable for negligence if there was no recall on their product and the product caused bodily harm to a consumer (Benjamin, 2015). Throughout the paper will discuss the reason of Toshiba recalling their laptop computer battery packs due to burn and because of its potential to catch fire on March 30, 2016 and the recall number is 16-131. If the company did not make the decision to recall their laptop computer battery could have been diligent. To prove the negligent tort the consumer must prove factors such duty to care and defenses of negligence (Seaquist, 2012).

The essay will firstly explore what is clearly working within the system in support of protecting consumer rights. The ACL will be looked at in detail with a focus on product safety as an example.

Misrepresentation: Misrepresentation is where there is a false statement in the contract which is made by one of the parties to the

The consumer is never wrong. For billions of dollars is paid annually from consumers to sellers in the United States. That's because America practices a vibrant culture of consumerism. Hence, consumers take advantage of many purchase options available with competitive value and price range. However, frequently a product does not live up to expectation causing consumers to lose millions of dollars in investment. You don't have to take that lost. It is the rights of consumers to experience a viable product upon purchase from sellers. As stated by Findlaw refers to product liability as "manufacturer or seller being held for placing defective product into the hands of a consumer. It is your right to get what you paid for.

the disclaimer was also found substantively unconscionable. The court held that assuming a buyer of a standardized mass produced product from an industry seller would make that purchase without any enforceable performance standards is patently unreasonable. Id. at 491. The court further found that the use of a disclaimer to prevent a buyer from reasonably relying on the performance representations of a product further calls into question the commercial reasonableness of the agreement. Id. The one-sided result in A & M Produce Co. would have been the businessman being forced to pay for machinery that never worked. When taken in consideration with the procedural unconscionability of the agreement, the unreasonable reallocation of risk resulting in the one-sided outcome was found to outweigh any justification the manufacturer could have given, and was therefore substantively unconscionable. Id. at

Product Liability: The area of civil law that holds manufacturers, distributors, suppliers, retailers, and other parties who make a defective product available to the public responsible for resulting injuries.

Under Section 12(4) which provides that “whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract”. Therefore, every contract is to be assessed in the light of circumstances including intention of the parties and also terminology used in the construction of the contract.