The materials on express warranty show that these warranties are still a possible basis of liability. Indeed, the manufacturer that wants to give a limited express warranty runs the risk that materialized in Collins: that it is impossible to give a half a loaf. Thus, a warranty which is broader than the law requires (i.e., one that guarantees absolute safety and not simply merchantability) cannot be drafted to exclude consequential damages when the product itself contains no defect. The Collins decision creates the odd, indeed dangerous, incentive of confining liability to the limits already imposed by law, leaving both manufacturers and consumers the losers. Expanding coverage has been made too costly.
The materials on express warranty show that these warranties are still a possible basis of liability. Indeed, the manufacturer that wants to give a limited express warranty runs the risk that materialized in Collins: that it is impossible to give a half a loaf. Thus, a warranty which is broader than the law requires (i.e., one that guarantees absolute safety and not simply merchantability) cannot be drafted to exclude consequential damages when the product itself contains no defect. The Collins decision creates the odd, indeed dangerous, incentive of confining liability to the limits already imposed by law, leaving both manufacturers and consumers the losers. Expanding coverage has been made too costly.
The materials on express warranty show that these warranties are still a possible basis of liability. Indeed, the manufacturer that wants to give a limited express warranty runs the risk that materialized in Collins: that it is impossible to give a half a loaf. Thus, a warranty which is broader than the law requires (i.e., one that guarantees absolute safety and not simply merchantability) cannot be drafted to exclude consequential damages when the product itself contains no defect. The Collins decision creates the odd, indeed dangerous, incentive of confining liability to the limits already imposed by law, leaving both manufacturers and consumers the losers. Expanding coverage has been made too costly.
