|
Dispute Resolution Programs
During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In contrast, in arbitration the third party decides how to settle the problem.
BREACH OF WARRANTY
If these warranties are breached (if the promises are broken or if the defendants have misrepresented something), then you may claim the theory of Breach of Warranty.
Inadequate Warning
Manufacturers not only have a duty to warn, but they may also have to recall a defective product that is already on store shelves. Federal law makes it mandatory to recall certain products, like cars and toys.
Secret warranties
In dealing with defects in autos & new car parts sometimes free repairs are not publicized, they are called "secret warranties." Some states have passed laws requiring vehicle owners be notified of secret warranties.
Inadequate Warning
Sometimes, a manufacturer doesn’t warn the user of a product’s hazards. Simply putting a warning in a little instruction book or label might not be enough. The warning must adequately inform the user of the hazards.
Unjust Enrichment
The general principle of unjust enrichment is that one person should not be able unjustly to enrich himself at the expense of another.
Negligence
Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person.
Service bulletin
Allows dealers to repair the problem at no cost to the customer even if the warranty has expired. A service bulletin notifies the dealer of the problem and how to resolve it.
Product Liability Fairness Act
Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs
Seller
A person who sells or contracts to sell goods. UCC 2-103(1)(d)
|
Did You Know?