The Applicability of Tort Law to Commercial Buyers

Authors

Richard A. Mann, Kenan-Flagler Business School, University of North Carolina
Barry S. Roberts, University of North CarolinaFollow

Abstract

I. Introduction

II. Products Liability Under Sales Law ... A. Creating Liability in the Seller ... 1. Implied Warranty ... 2. Express Warranties ... B. Removing Liability from the Seller: Disclaimers ... C. Procedural Limitations on Seller Liability ... D. Remedies for Breach of Warranty ... E. Contractual Limitations on Remedies for Breach of Warranty

III. Tort Law and Consumers

IV. Conflicts Between Sales and Tort Law Regarding Liability for Defective Products ... A. Does Strict Liability Apply to Commercial Transactions? … B. Are Disclaimers of Liability in Commercial Transactions Effective Under Strict Liability in Tort? … C. What Damages are Recoverable Under Strict Liability in Torts?

V. A Proposal for What Law Governs Loss in Sales Contracts ... A. Consumers ... B. Non-Bargaining Commercial Buyers ... C. Bargaining Commercial Buyers ... D. Conclusion

Recommended Citation

Richard A. Mann and Barry S. Roberts, The Applicability of Tort Law to Commercial Buyers, 79 Neb. L. Rev. (2000)
Available at: https://digitalcommons.unl.edu/nlr/vol79/iss2/2