Question

Explain in detail, giving examples, of strict liability for a breach of an implied warrantly and strict liability for breach of an express warrantly as they relate to product liabilty matters?

Answer 1

Strict liability for a breach of an implied warranty will be applied to, consumers will buy many products and that warranty will be worked up to the intended purpose. If the product was not working according to the given instructions then that product can be exchanged. This implied warranty will help the consumers because many times we know the seller will not check whether the product was working or not and they will sell the products to the consumer. If there was no implied warranty consumer cannot exchange or refundable and this leads to the loss.

For example- John bought a blender that which mixes all the products without any lumps which was used for the cooking. When the seller shows the demonstration that product was working but after he comes to home and plug in it was not working. Then john went to the shop to return it because that product was under the implied warranty and seller replaced with the other product.

Strict liability for a breach of an express warranty is an agreement (which was in the form of written or spoken at the time of negotiation) between the consumer and the seller about the guarantee of the product for certain period. If the product losses its quality with in the period then consumer can easily return the product and seller can replace with the other. We can see that on the cover of the product warranty date and time are printed.

For example- Tina bought a watch which was nearly $50 and seller gave the warranty to the product. That warranty was about 2 years if the product undergoes failure or fades the color then product will be exchanged and replaced with other. Tina was using it daily after 6 months watch was started to fade its color. Then she took the product to the seller and that product was under the express liability so that he exchanged and gave the new product to the tina.