Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

تمرين 1

Dentsply International Inc. (Dentsply) manufactured the Cavitron, commonly used to clean teeth but also used in treating periodontal disease. Their sale was restricted to dental professionals. Federal law required their labeling to have "information for use... under which practitioners... can use the device safely and for the purpose for which it is intended, including all purposes for which it is advertised or represented.... " Dentsply provided "Directions For Use" (Directions) included in the packaging of the device. Several dentists sued Dentsply for breach of express warranty because the Directions indicated Cavitrons could be used in oral surgery, but they were unsafe for such use because the Cavitron's inner tubing was not sterile and could not be sterilized so it could not deliver sterile output water for surgical applications. Did the statements included in the Directions constitute an express warranty?