Warranties

Promises actually made by the seller and made the basis for a bargain are?

Express warranties

An action for breach of warranty must be brought within?

Four years

The statute of limitation for breach of warranty begins to toll when the breach occurred regardless of when?

The breach was discovered

Parties can agree to decrease the statute of limitations for breach of warranty to one year but an agreement to extend the warranty to more than four years is?

Not enforceable

The cause of action for a breach of action accrues when?

Tender of delivery is made

A standard of quality imposed by law is what kind of warranty?

Implied warranty

Limitation of warranty for losses when the boss use commercial is?

Not unconscionable

Under the Federal consumer product warranty act warranties for consumer products must be labeled as full if they comply to Federal standards. When they do not, warranties must be labeled as?

Limited warranties

Sellers and manufacturers liability for damages caused by their products is called?

Product liability

Under any theory of product liability the plaintiff must show that the product was defective or dangerous and that this?

Cause to the plaintiffs harm

The plaintiff must show that the product was in a defective or dangerous condition before?

It left the defendant's hands

The plaintiff must show that the product caused harm and that the harm was caused when?

The product was used in a normal and foreseeable manner

Remedies for breach of warranty can be limited by a?

Disclaimer of warranties

In negligence actions plaintiffs may sue in tort for damages caused by defective products if the plaintiff can show that the defendant failed to?

Exercise reasonable care

Negligence can be in manufacture design, packaging, inspection or?

Any facet of production or distribution

A warranty disclaimer is not a defense in a?

Product liability action

A defendant can avoid liability in a product liability action by showing that he?

Provided clear warnings

If a defendant in a product liability action can show that the plaintiff was careless or negligent he can mitigate his damages under the theory of?

Contributory negligence

If the defendant in a product liability action can show that the plaintiff was aware of the risk but continued to use the product despite that knowledge what theory is he using for his defense?

Assumption of risk