MBE® Flashcard

DESCRIBE PRODUCTS LIABILITY BASED ON A WARRANTY THEORY.

 

 

 

In a products liability claim based on a warranty theory, liability arises from the fact that a product is not as represented (i.e., it breaches a warranty made either expressly or impliedly by the defendant). The plaintiff must establish that a warranty existed as to the product and that the product does not conform to the warranty.

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