Many consumers expect that when they buy a product, the seller or manufacturer w

Question

Many consumers expect that when they buy a product, the seller or manufacturer will provide a warranty. In most cases, the warranty is one of the terms of the contract between the seller and the buyer, an express warranty. Sometimes, under the UCC, warranties are implied.

However, in some situations, a business may disclaim warranties altogether. In other situations, the warranty may be limited, providing less protection than the consumer expected.

Should a business be able to avoid providing any warranty at all? Should a business be able to avoid liability for injuries caused by products by disclaiming any warranty? What do you think?

Explanation / Answer

A business has the objective of building trust and loyalty among the consumers apart from selling the products and services to the consumers. Besides, a business has the responsibility to offer due care towards the consumers when the product is being used. It establishes the ownership and accountability on the part of the business and consumers buy the product. Such dimensions to the product being sold by the business, come through warranty only. So, business should not be able to avoid warranty. It must come, though it may come in limited scope, depending upon the nature of product, price and durability.
A business has to ascertain that the product should function properly in a standard condition and it should be delivered by offering warranty to the consumers. Hence, the regulatory bodies should ensure that businesses should not evade their responsibilities or duty of care towards the consumer and business should be held responsible for the negligence.
For example, a fast food restaurant, selling burgers should be held responsible if the burger causes food poisoning to the people who consume it. Such incidents can be prevented if businesses are made to be responsible for the quality and any injury taking place due to it. It comes through the warranty of delivering quality and safe to consume burger.

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