Under the UCC Sales Article, an action for breach of the implied warranty of merchantability by a
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implied warranty of merchantability by a party who sustains personal
injuries may be successful against the seller of the product
only when
The seller is a merchant of the product involved.
An action based on negligence can also be successfully
maintained.The injured party is in privity of contract with the
seller.
An action based on strict liability in tort can also be
successfully maintained.
Related Book For
Business Law and the Legal Environment
ISBN: 978-1111530600
6th Edition
Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson
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