July 25, 2024
The Federalist Society
Modern-day farming equipment is both essential and very expensive. In an article published by The Federalist Society, Winston-Salem of counsel Jeff Wald highlights two recent cases that underscore the importance of product liability and warranty law for these costly machines—and those who invest in them.
Wald explains the key points in the cases of Secura Insurance Co. v. Deere & Co. and First v. Rolling Plains Implement Co. in the following exerpt:
These cases are good reminders of at least two lessons. First, language matters, whether in an insurance contract or an express warranty. The specific terms of a contract or warranty control. Second, the law of agency is important. Just because an individual or entity is selling a company’s product does not make them an agent of the company, and not every statement—or misstatement—from that seller can be imputed to the manufacturer.
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