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Is Strict Product Liability in Tort Identical to Implied Warranty in Contract in the Context of Personal Injuries
Sean M. Flower
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Abstract
Product liability has evolved from a combination of contract and tort theories. Under current contract analysis a manufacturer is liable for injuries resulting from a product which is "unmerchantable," while under strict liability in tort a manufacturer is liable for injuries resulting from a product which is "defective.” The majority of legal scholars and jurisdictions have found that in the area of personal injury these two underlying tests are synonymous. This means, in effect, that all products found unmerchantable should also be found defective, and vice versa.