Business Law

Topics: Tort, Negligence, Implied warranty Pages: 2 (660 words) Published: February 23, 2013
E&Z Electronics is a retailer which purchases L&G products in bulk and then sells them to customers. Recently a customer, El. Hajji Mohammed bought an L&G washing machine from E&Z electronics who later on suffered legally recognizable damages. The washing machine resulted in not only injuring Mohammed but also causing destructive damages to his home. The issue here is, could the court hold both L&G electronics and E&Z electronics liable for the damages caused to the plaintiff El. Hajji Mohammed? Warranties:

Most good sold have warranty which is made to protect consumer from future likelihoods of product default. The seller sometimes may claim these warranties impliedly or expressly. They also may disclaim warranties or restrict buyers to a few requirements to qualify for a warranty. A warranty is a promise, arising by operation of law, that something that is sold will be merchantable and fit for the purpose for which it is sold.

Express warranties: need to be communicated by words to the consumer by the seller. The seller can communicate the agreement in a written contract or even simply by agreeing orally. By expressing the warranty, the seller could emphasize on the requirements of the goods condition in order for it to be eligible for a warranty.

Implied warranties: need not be written or mentioned orally. Warranties are implied from the nature of the transaction. Implied warranties protect the buyer whether or not a written sales contract exists. Its also an assumption at law that products are "merchantable," meaning they work and are useable as normally expected by consumers.

Implied warranty of merchantability: when a merchant sells or leases a product who is in the business of that particular product implies warranty of merchantability.

Negligence of the manufacturer/seller
A negligent manufacture case focuses on the actual product. The key question is whether the product that caused injury was...
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