In this module you have learned about express and implied warranties on products

Question

In this module you have learned about express and implied warranties on products as well as what elements a plaintiff must prove in order to succeed in a products liability case. In this assignment, you will apply these rules to everyday products to determine what types of warranties are attached and if any product liability issues exist with that product. For this assignment, you need to do some research online. You will be investigating one product warranty and one of the Consumer Protection Acts you read about in the module reading. First, choose a product and review its warranty policy, as well as any liability cases that may exist. Is there a stated warranty or is it an implied warranty? If it is stated, please provide a link to the warranty policy. If it is implied, how do you describe what the warranty is? (5 pts) Have there been any product liability cases on the product you chose? If so, briefly describe the claims. (2 pts) What would a plaintiff need to prove in order to bring a product liability claim? (3 pts) Next, choose one of the Consumer Protection Acts that were noted in your text. Using outside sources, explain the purpose of the Consumer Protection Law you chose, who it protects, and how effective you think it is. (5 pts) Do you think these laws increase or decrease a company’s liability

Explanation / Answer

Answer:

Product selected :

Sony Display Products

Warranty type: It is stated warranty

The warranty covers the following:

Product Warranty Inclusions:

Link: https://pro.sony.com/bbsccms/services/files/servicesprograms/PSAProductWarranty.pdf

Implied warranties are of three types:

1.     The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults." To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does not meet the standards for such fruit "as passes ordinarily in the trade". In Massachusettsconsumer protection law, it is illegal to disclaim this warranty on household goods sold to consumers etc.

2.     The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. This implied warranty can also be expressly disclaimed by name, thereby shifting the risk of unfitness back to the buyer.

3.     Another implied warranty is the warranty of title, which implies that the seller of goods has the right to sell them (e.g., they are not stolen, or patent infringements, or already sold to someone else). This theoretically saves a buyer from having to "pay twice" for a product, if it is confiscated by the rightful owner, but only if the seller can be found and makes restitution.

So this is how we can identify the implied warranties.

Yes I availed the warranty cover for my electric shaver. It had 1 year replacement warranty. In the initial use of the shaver it wasn’t working properly and then I sent it to customer care support. They replaced the shaver for a new one.

For availing the warranty support I had to produce the copy of invoice to the customer service center and then claim was availed by me.

Section 56 of the Consumer Protection Act 68 of 2008 provides for an implied warranty of quality in respect of goods supplied to a consumer, in that each of theproducer, importer, distributor and retailer of a product gives an implied warranty of quality in respect of a product in any transaction or agreement for the supply of those products.

The warranty is mainly to the effect that the product:

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