Monday, August 29, 2011

First Circuit -- Hatch v. Trail King Industries, Inc.

No error in jury instruction based on S404 of the RST recognizing an implied warranty of merchantability under Massachusetts law towards an innocent third party where the employer of the third party substantially designed the device.

In both strict liability and implied warranty, contract specifications defense is available.

No error in instruction which stated the law from S404 of the RST instead o Massachusetts state law.

Hatch v. Trail King Industries, Inc.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.