Associate Safety Professional Practice Exam

What is express warranty in the context of product liability?

1. A warranty based on implied representations

2. A type of guarantee provided only for high-value items

3. Claims made by a seller that become a basis for the bargain, where injury must be shown

4. A warranty that does not cover any defects in workmanship

The correct answer is: Claims made by a seller that become a basis for the bargain, where injury must be shown

An express warranty in the context of product liability refers to specific promises or guarantees made by a seller regarding the quality or functionality of a product. This type of warranty is articulated clearly through statements, descriptions, or affirmations made about the product and it becomes a basis for the buyer's decision to enter into a contract or agreement. When a seller makes an express warranty, any claims related to that warranty become critical during legal disputes about product liability. If a product fails to meet the specific claims or promises stated by the seller, and this failure results in injury or damage, the seller may be held liable for breach of warranty. The emphasis on the necessity to prove injury connects the express warranty to legal responsibilities, as the injured party must demonstrate how the express representation directly led to their harm. The other options do not accurately capture the essence of what an express warranty is. For example, the notion of a warranty based on implied representations does not align with express warranties, which are explicitly stated. Similarly, limiting this type of warranty to high-value items fails to recognize that express warranties can apply to products of all price ranges. Finally, suggesting that an express warranty excludes defects in workmanship mischaracterizes the scope of warranties, as many express warranties do cover such