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Assume Manufacturer sold a scooter to Wholesaler in 2007, Wholesaler sold it to Retailer in 2008, Retailer sold it to Consumer in 2009, and Consumer suffered personal injuries in 2012 as a result of an alleged defect in the scooter. Consumer's breach of warranty claims expire against retailer?

User Mayatron
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Final Answer:

No, the Consumer's breach of warranty claims do not expire against the retailer.

Step-by-step explanation:

The doctrine of privity of contract traditionally limits the enforcement of contracts to only those directly involved in it. However, with the development of product liability laws, the trend shifted towards holding retailers accountable for warranty claims, even if they weren't the original seller. In this scenario, the Consumer's breach of warranty claims against the Retailer doesn't expire due to the ongoing liability chain from Manufacturer to Consumer.

When a product passes through different hands in the distribution chain, each party can be held accountable for warranty claims if the defect existed at the time of sale. The Consumer's right to claim against the Retailer in 2012 arises from the Wholesaler and Manufacturer's initial sale and distribution, as long as the defect existed at the time of the Retailer's sale.

Courts often recognize the Retailer as an intermediary in the chain of distribution, extending the consumer's rights to hold them liable for warranty claims. This legal extension ensures that consumers aren't left without recourse against retailers who played a role in the product's journey to the market.

Therefore, despite the passage of time and multiple transfers of ownership, the Consumer retains the right to pursue breach of warranty claims against the Retailer, given the continuous liability chain from the Manufacturer to the final sale.

User Tortuga
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