implied warranty of fitness for human consumption

93 results for implied warranty of fitness for human consumption

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  • 247 F. 921 (2nd Cir. 1917), 11, Ketterer v. Armour & Co.

    ... action upon a contract either express or implied. The basis of the complaint is the negligence of ... might be eliminated from those sold for human consumption as food, or from those used in the ... that at common law there is no implied warranty of quality, fitness, or wholesomeness in the sale ...

  • 74 F.2d 439 (5th Cir. 1934), 7208, F.W. Woolworth Co. v. Wilson

    ... ice cream soda, the other asserting an implied warranty that the food purchased by her was fit ...fitness and quality where for a consideration food is ... alleging that food sold for immediate consumption on a dining car was 'guaranteed to be pure and ... generally accepted to be fit for ordinary human consumption, and that he has used, in the ...

  • 399 F.2d 121 (9th Cir. 1968), 20995, Davis v. Wyeth Laboratories, Inc.

    ... liability in tort and (4) breach of an implied warranty of fitness. The District Court dismissed ...          As comment k recognizes, human experimentation is essential with new drugs if ... fit and reasonably safe for consumption by members of the public as a whole. This ...

  • 587 F.2d 754 (5th Cir. 1979), 75-3038, McCullough v. Beech Aircraft Corp.

    ..., and failure to warn; for breach of the implied warranty of fitness; and for strict liability in ... other articles or commodities intended for human consumption . . . .         Section ...

  • 260 F.3d 3 (1st Cir. 2001), 00-2142, Underwriters at Lloyd's v. LaBarca

    ... remodeling." The policy also contained a warranty" on the part of the insured owner, Labarca,.   \xC2"... ruled that "the seaworthiness warranty of fitness for duty extends to material in which ships' ...[such as those destined for the crew's consumption on board] are wrapped." See also Usner v. ... against by the ordinary exertions of human skill and prudence"). The sinking of the GYPSY ... that while the duty of seaworthiness is implied in every marine insurance policy, see The ...

  • 124 F.2d 658 (6th Cir. 1942), 8758, Kenower v. Hotels Statler Co.

    ... is based upon negligence and breach of warranty, specified separately in two counts. On review, ... sufficient evidence that plaintiff's consumption of the food resulted in typhoid fever to require ... a common source of typhoid infection in the human being. Diarrhea is a very common symptom of ... go to the jury on a count of breach of an implied warranty that the clams were wholesome and fit ... purpose, and only because of its supposed fitness for that, there are many cases in which a ...

  • 629 F.2d 338 (5th Cir. 1980), 77-2523, T. J. Stevenson & Co., Inc. v. 81,193 Bags of Flour

    ...warranty of merchantability:. Except as provided on the ..., SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT EXTENDS BEYOND THE DESCRIPTION ON THE FACE ... repackaging the flour could be made fit for human consumption. After unloading resumed on November ...         8. Fitness for the ordinary purposes for which goods of the ...

  • Product Liability

    ... theories: NEGLIGENCE, breach of WARRANTY, MISREPRESENTATION, and strict tort liability. ... were inherently or imminently dangerous to human life or health, such as poisons or guns. The ... example, products intended for human consumption, a defective scaffold, and a coffee urn that ...1932]). But with respect to implied warranties, exception to the privity rule did not ... involving the product's quality or fitness for use: express warranty, implied warranty of ...

  • 182 F.3d 692 (9th Cir. 1999), 98-15901, AlliedSignal Inc. v City of Phoenix

    ... claims for negligence, breach of the implied warranty of merchantability, breach of implied rranty of fitness for a particular purpose, strict liability for ... make the water it delivers fit and pure for human consumption, treats its water pursuant to a water ...

  • Regulating opt-out: an economic theory of altering rules.

    ...) ordains that "to exclude or modify the implied warranty of merchantability .. the language [of ... to exclude all implied warranties of fitness is sufficient if it states, for example, that ... sticky defaults actually require the consumption of real transaction resources. So while this ... to ensure that a response is generated by a human and not a machine. Louis von Ahn et al., CAPTCHA: ...

  • 37 F.3d 1185 (6th Cir. 1994), 93-5073, Spence v. Miles Laboratories, Inc.

    ...-HT is a Factor IX concentrate derived from human plasma which has undergone heat treatment during ... liability in tort; negligence; breach of warranty, express or implied; breach of or failure to ... implied warranties of merchantability and fitness fall squarely within the confines of the ... was first purchased for use or consumption, or within one (1) year after the expiration of ...

  • 470 F.2d 905 (10th Cir. 1972), 72-1221, Fear Ranches, Inc. v. Berry

    ...The plaintiff asserted that an implied warranty of fitness for a particular purpose, or ... affect their growth nor make them unfit for human consumption. It has a sixty-day incubation ...

  • Udder nonsense? The emerging issue of raw milk sales in Florida.

    ... is "the application of heat to destroy human pathogens in foods." (1) The process can ... warning defects; 3) breach of express or implied warranty; and 4) misrepresentation. . Bearing in ... is sold to consumers for pet or human consumption, a warning or disclaimer often accompanies the ...Also, an implied warranty of fitness for a particular purpose is created by the vendor ...

  • Reconciling Song-Beverly and Commercial Warranty Provisions By Janine Schwerter and Saleem K. Erakat

    Article Reprinted and/or posted with the permission of Daily Journal Corp. (2012). In a breach of warranty claim, the California Commercial Code and the Song-Beverly Consumer Warranty Act work in conjunction to provide relief to California’s consumers. Originally, only the Commercial Code covered causes of action for breach of warranty. The Consumer Warranty Act was later...

  • 212 F.2d 883 (5th Cir. 1954), 14658, Arnaud's Restaurant v. Cotter

    ... that the food served was fit and proper for human consumption; that the plaintiff swallowed the ... erred in trying the case on the theory of implied warranty and in holding that plaintiff was not ... the theory of an implied warranty of fitness. Our review of the authorities 2 convinces us ...

  • 591 F.2d 352 (6th Cir. 1978), 76-1941, Drayton v. Jiffee Chemical Corp.

    ... of negligence, breach of express and implied warranties, and strict liability. The final ... the narrow ground of breach of express warranty. We hold that the damages awarded are excessive ... were consistent with those caused to human skin by contact with sodium hydroxide. There was ... sale of drain cleaners for domestic consumption. What evidence there was tended to show that, if ... or in breach of the implied warranty of fitness for the use intended. 4 In Gossett our court ...

  • 416 F.2d 1329 (5th Cir. 1969), 27949, Horne v. Armstrong Products Corp.

    ... while Count II was for breach of implied warranty of fitness and safety for the uses for ... certain enumerated articles 'intended for human consumption or use, where either knowledge of the ...

  • Damages for pain and suffering and emotional distress in products liability cases involving strict liability and negligence.

    ..., by marketing his product for use and consumption, has undertaken and assumed a special ... liability, negligence, or breach of warranty theories. (55) . A Brief Detour: HIV and ...48 (Iowa 1937)); decomposed human toe in chewing tobacco, which poisoned the ... grounded in negligence and on the implied warranty of fitness and held that the pie was ...

  • Viewing unconscionability through a market lens.

    ...Even though you purchased a warranty from the seller, you find out that it does not ... many consumers would not change their consumption decisions even if competition exposing the TOT ... have banned suppliers from disclaiming implied warranties of fitness and merchantability of the ...Epstein, Behavioral Economics: Human Errors and Market Corrections, 73 U. CHL L. REV. ...

  • 341 F.2d 14 (6th Cir. 1965), 15696, Berry v. American Cyanamid Co.

    ... in the ordinary course of events the consumption of Lederle's drug 'Orimune' would not cause the ...The third count charged a breach of the implied warranty that the drug was free of any defect ... implied warranties of quality or fitness (Formerly Sec. 47-1215 T.C.A. [**] ). The jury ... and buyer of articles manufactured for human consumption such as drugs, food, beverages, and ...

  • At home with nature: early reflections on green building laws and the transformation of the built environment.

    ... ON GREEN BUILDING AS A NEW IDEA: PUTTING HUMANS BACK INTO NATURE, AND PUTTING ANTHROPOCENTRISM TO ... for approximately 65% of electricity consumption, 30% of greenhouse gas emissions, 12% of potable ...For instance, the implied warranties of quality that often accompany new ... energy efficiency? How long would such warranty--and the uncertainties inhering in it--pervade if ... have applied in many instances to the fitness of new construction for purposes of habitation to ...

  • 107 F.2d 203 (D.D.C. 1939), 7205, Hanback v. Dutch Baker Boy

    ... were intended for the plaintiff's consumption, and that she ate one of them, which proved to be ... the right of the infant to recover on implied warranty of wholesomeness and fitness for human ...

  • 308 F.2d 604 (8th Cir. 1962), 16855, Land O'Lakes Creameries, Inc. v. Commodity Credit Corp.

    ... numerous carlots of dried milk for human consumption. We are concerned only with those ... and rescission of contract for breach of warranty as to eleven (11) of the Lake Crystal and three ...          'a. There was an implied warranty that the milk powder (including the ... on L.O.L.'s skill and judgment as to the fitness of such milk for human consumption within Section ...

  • 3 F.2d 567 (2nd Cir. 1924), 48, Cudahy Packing Co. v. Narzisenfeld

    ... of the breach of the contract and the warranty" it was damaged in the sum of $3,734.74.     \xC2"... warranty there was, it must have been an implied one. And on the facts as they appear in this ... implied warranty that the same is fit for human consumption. This, the court declared, 'was an ... there is no longer an implied warranty of fitness unless the buyer expressly or by implication ...

  • 391 F.2d 364 (5th Cir. 1968), 24594, McDevitt v. Standard Oil Co. of Texas

    ... 5 and applied to foodstuffs intended for human consumption at an early date in the well known ... brought their suit on the theory of implied warranty. We agree that the product carried an plied warranty of fitness, but such warranty existed only if the product ...