implied warranties

damages

contributory negligence is not a defense. comparative fault in some jxs; assumption of risk; unforeseeable misuse; notice requirement; disclaimer if not unconscionable

parties

family or guest of immediate buyer who is injured; any person reasonably expected

implied warranty of merchantability

if a merchant deals in the type of goods there is an implied warranty that the goods are fit for ordinary use

implied promise

implied promise that goods are fit for ordinary use or particular purpose and that promise is untrue. if the product is defective and the warranty is breached, defendant is liable whether or not he acted reasonably

sale

sale of goods by dealers

implied warranty of fitness for a particular purpose

where the seller knows or has reason to know that the buyer is purchasing the goods for a particular purpose and the buyer is relying on the seller's skill or knowledge there is an implied warranty that the goods are fit for that purpose