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.
Title: Tennessee Disclaimer on Website of Express and Implied Warranties: Understanding Your Legal Protection Introduction: In Tennessee, businesses often utilize website disclaimers to protect themselves from potential legal liabilities related to express and implied warranties. These disclaimers explicitly state that the information provided on their website is for general informational purposes only and should not be considered as legal advice. Let's delve into the different types of Tennessee disclaimers on the website of express and implied warranties and their key features. 1. General Disclaimer: The General Disclaimer is a commonly used type of Tennessee website disclaimer. It clarifies that any information or content presented on the website is for informational purposes only and should not be relied upon as a professional opinion or advice regarding warranties. This disclaimer protects businesses from potential legal disputes arising due to individuals misinterpreting or misusing the information available on their website. 2. Express Warranty Disclaimer: An Express Warranty Disclaimer explicitly states that the business does not make any specific guarantees or promises regarding the products or services offered on their website. It ensures that customers understand that the information provided is not a legally binding warranty and encourages them to contact the business directly for detailed warranty terms, if any. This disclaimer safeguards businesses from potential legal claims of false advertising or breach of warranty. 3. Implied Warranty Disclaimer: The Implied Warranty Disclaimer is essential to clarify that the business does not provide any implied warranties, such as fitness for a particular purpose or merchantability. It communicates to customers that there are no hidden promises or guarantees apart from what is explicitly mentioned in any written warranties. This type of disclaimer helps protect businesses from potential disputes regarding the quality or suitability of their products or services. 4. Limitation of Liability: The Limitation of Liability disclaimer is a crucial element in Tennessee website disclaimers. It sets forth the maximum extent of liability a business will accept for any damages or losses incurred while using its website or products/services. It aims to shield businesses from potential legal claims or lawsuits arising from customer dissatisfaction or damages. 5. Consultation Disclaimer: The Consultation Disclaimer states that any information available on the website should not be considered as a substitute for professional legal, financial, or any other kind of advice. It emphasizes that users should consult qualified professionals to obtain accurate and tailored counsel based on their specific circumstances. This disclaimer protects businesses by making it clear that they are not responsible for any decisions made by users solely based on the information on their website. Conclusion: Understanding the different types of disclaimers related to express and implied warranties on Tennessee websites is crucial for businesses to protect themselves from potential legal complications. By appropriately implementing these disclaimers, businesses can mitigate risks associated with customer expectations, misinterpretations, and legal disputes, offering a safe and transparent online experience to their users.
