Product liability based on a breach of warranty theory is a form of absolute or strict liability, and negligence need not be established. Injury or damages, a defective product and proximate causation are required elements of a breach of warranty action. A warranty may be said to be a promise by a manufacturer or a seller to stand behind a product. It is a statement about the integrity of the product and about the warrantor's commitment to correct problems if and when the product fails. The law recognizes two basic kinds of warranties: express and implied.
Express warranties are explicitly offered by manufacturers or sellers to their customers in the course of a sales transaction, amounting to promises and statements made about their products or about their commitment to remedy the defects and malfunctions that some customers may experience.
Implied warranties are unspoken, unwritten promises, created by state law, that go from a seller to his or her customer. Implied warranties are based on the common-law principle of "fair value for money spent." The two types of implied warranties that occur in consumer product transactions are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
Mississippi Disclaimer on Website of Express and Implied Warranties — A Detailed Description In Mississippi, when it comes to disclaimers on websites regarding express and implied warranties, it is important for businesses to understand and adhere to the state's laws and regulations. This detailed description provides insights into the different types of disclaimers that can be used on websites in Mississippi, highlighting key keywords to ensure compliance. 1. Express Warranties: Express warranties are explicit promises made by the seller or manufacturer to the buyer regarding the quality, functionality, or performance of a product or service. However, businesses in Mississippi may include a disclaimer on their website to limit or eliminate such warranties. Keywords: Mississippi, express warranties, explicit promises, product functionality, limitation of warranties. 2. Implied Warranties: Implied warranties are unwritten or unspoken assurances that a product or service will be fit for its intended purpose and meet reasonable expectations. Mississippi's law recognizes two types of implied warranties: the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. Websites based in Mississippi may include disclaimers to limit or disclaim these implied warranties. Keywords: Mississippi law, implied warranties, merchantability, fitness for a particular purpose, website disclaimer. Types of Mississippi Disclaimers on Websites: 1. General Disclaimer: A general disclaimer on a website explicitly states that the information provided on the site should not be relied upon as professional advice or as a guarantee of product or service quality. It emphasizes that the business is not responsible for any damages or losses resulting from the use of the information provided. Keywords: general disclaimer, information reliance, professional advice, guarantee, damages, losses. 2. Warranty Disclaimer: This type of disclaimer focuses specifically on disclaiming any express or implied warranties, including those of merchantability and fitness for a particular purpose. It clarifies that the business makes no warranties regarding the accuracy, reliability, or completeness of the information on the website and advises users to consult professional advice if needed. Keywords: warranty disclaimer, express warranties, implied warranties, merchantability, fitness for a particular purpose, accuracy, reliability, completeness. 3. Limitation of Liability: A limitation of liability disclaimer aims to limit a business's liability for any damages, losses, or injuries that may arise from the use of its products or services. It states that the business shall not be held responsible for any direct, indirect, incidental, or consequential damages, and advises users to carefully evaluate the risks associated with their actions. Keywords: limitation of liability, damages, losses, injuries, direct, indirect, incidental, consequential, evaluate risks. It is important for businesses operating in Mississippi to consult with legal professionals to ensure the accuracy and compliance of their website disclaimers. The provided keywords serve as a guide for incorporating relevant language into the disclaimer to address the specific aspects of express and implied warranties in Mississippi.
