The Applicability of Tort Law to Commercial Buyers

I. Introduction II. Products Liability Under Sales Law ... A. Creating Liability in the Seller ... 1. Implied Warranty ... 2. Express Warranties ... B. Removing Liability from the Seller: Disclaimers ... C. Procedural Limitations on Seller Liability ... D. Remedies for Breach of Warranty ... E. Contractual Limitations on Remedies for Breach of Warranty III. Tort Law and Consumers IV. Conflicts Between Sales and Tort Law Regarding Liability for Defective Products ... A. Does Strict Liability Apply to Commercial Transactions? … B. Are Disclaimers of Liability in Commercial Transactions Effective Under Strict Liability in Tort? … C. What Damages are Recoverable Under Strict Liability in Torts? V. A Proposal for What Law Governs Loss in Sales Contracts ... A. Consumers ... B. Non-Bargaining Commercial Buyers ... C. Bargaining Commercial Buyers ... D. Conclusion