This topic contains a solution. Click here to go to the answer

Author Question: Thelma purchased a used truck from Hall that had been manufactured by International Harvester. To ... (Read 44 times)

ec501234

  • Hero Member
  • *****
  • Posts: 573
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



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

vish98

  • Sr. Member
  • ****
  • Posts: 326
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




ec501234

  • Member
  • Posts: 573
Reply 2 on: Jun 24, 2018
Thanks for the timely response, appreciate it


alvinum

  • Member
  • Posts: 317
Reply 3 on: Yesterday
:D TYSM

 

Did you know?

Thyroid conditions may make getting pregnant impossible.

Did you know?

Earwax has antimicrobial properties that reduce the viability of bacteria and fungus in the human ear.

Did you know?

Approximately 15–25% of recognized pregnancies end in miscarriage. However, many miscarriages often occur before a woman even knows she is pregnant.

Did you know?

There are approximately 3 million unintended pregnancies in the United States each year.

Did you know?

All adverse reactions are commonly charted in red ink in the patient's record and usually are noted on the front of the chart. Failure to follow correct documentation procedures may result in malpractice lawsuits.

For a complete list of videos, visit our video library