QST LA 245 Lecture Notes - Lecture 9: Implied Warranty, Playstation 3, Product Liability
17 Aug 2018
School
Department
Course
Professor
Document Summary
When goods cause injury, there is a question of product liability. An express warranty is one that the seller creates with his words or actions (oral, verbal, written, etc. ) as long as its not vague. Any affirmation of fact- or any promise- can create an express warranty. Any description of the goods can create an express warranty. Any sample or model can create an express warranty. The seller"s conduct must have been part of the basis of the bargain. Playstation 3 and promoted capabilities through other os feature so users can use console as personal computer, expected 10 year life cycle. Product warranty saying any updates can cause loss in functionality. Classify sony"s claim of 10 year life cycle as puffery (clear exaggeration, no credibility) or affirmation of fact affirmation of fact. Are created by the code itself, not by any act or statement of the seller.
