Full Answer Section

Understanding of the Law:

Express warranties are created by the seller’s statements about the product. These statements become part of the sales contract, and the seller is liable if the product fails to live up to the expressed warranty. In this case, Sylvania’s advertisement claiming “up to three times longer” lifespan constituted an express warranty.

Court Decision and Reasoning:

The court ruled in favor of Mr. Cartwright. The court found that Sylvania’s advertisement constituted an express warranty and that Mr. Cartwright relied on this warranty when purchasing the product. Since the bulbs did not last “up to three times longer” as advertised, the court concluded that Sylvania breached the express warranty.

Defenses in Product Liability Lawsuit:

The three defenses commonly used in product liability lawsuits are:

1. Assumption of the Risk: This defense argues that the plaintiff knew about the product’s defect and voluntarily chose to use it anyway. This defense would not be effective in the Sylvania case because the advertisement was deceptive, and Mr. Cartwright was not aware of any potential performance issues with the bulbs.
2. Misuse of the Product: This defense claims that the plaintiff’s injury resulted from using the product in a way that was not intended. This defense would not be applicable here as Mr. Cartwright used the Sylvania Headlights for their intended purpose (providing illumination).
3. Product Modification: This defense argues that the plaintiff’s modification of the product caused the defect or injury. This is not relevant in the Sylvania case as the bulbs were used in their original condition.

Most Effective Defense:

In this specific case, none of the three common defenses would be particularly effective for Sylvania. The most Sylvania could argue is that the term “up to” in the advertisement leaves some room for variation in bulb lifespan. However, the emphasis on “three times longer” suggests a significant performance improvement that the product likely failed to deliver.

A stronger defense might involve challenging the methodology used by Mr. Cartwright to determine the lifespan of the bulbs or introducing evidence that some Sylvania bulbs do indeed last “up to three times longer” under certain conditions.