Author Question: Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To ... (Read 42 times)

ec501234 · **on:** Jun 24, 2018

Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To work on the truck engine, Thelma had to have the cab of the truck raised. When it was so raised, the cab fell unexpectedly and fatally injured Thelma. Suit was brought for her wrongful death against Hall and International Harvester. The suit was based on theories of negligence, strict tort liability, and breach of warranty. The defense was raised that there was no liability because the sale to Thelma had been made as is and the truck was a used truck. Were these defenses valid?

Question 2

Reverse mortgages allow retired homeowners to use the equity in the home until their home is sold upon the homeowners' death.
Indicate whether the statement is true or false

vish98 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The as is provision of the contract excludes warranty liability by virtue of UCC Section 2-316. The exclusion does not, however, affect liability for negligence or strict tort. The fact that the truck was a used truck does not exclude liability, because public policy still requires that the product be reasonably safe. The fact that the product was used would constitute a circumstance as to whether a defect was unreasonable, but it would not automatically bar product liability for negligence or strict tort.

Answer to Question 2

TRUE