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1.1.3 Structure of the Chapters

The treatise is divided into two parts. Part I covers warranty law of general applicability to most consumer transactions. Chapters 3–10, infra, detail when express and implied warranties are created, when they may be disclaimed, whether the consumer must be in privity with the seller, proving breach of warranty, the self-help remedies of cancellation and deduction of damages, the effectiveness of limitation of remedies clauses, and damages.

While these chapters focus on the law under Uniform Commercial Code (UCC) Article 2, they also examine the effect on these issues of other warranty laws—the Magnuson-Moss Warranty Act, state unfair and deceptive acts and practices (UDAP) statutes, and common law fraud, strict liability, and negligence theories. These “other” warranty laws also receive their own special treatment, the Magnuson-Moss Warranty Act in Chapter 2, infra, UDAP statutes and fraud in Chapter 11, infra, and strict liability and negligence in Chapter 12, infra. Chapter 13, infra, examines litigation issues that apply to all of these warranty claims.

Part II examines warranty law as applied to particular situations of special relevance to consumers. Chapter 14, infra, analyzes new car warranty law, with a special emphasis on new car lemon laws. Chapter 15, infra, covers used car warranty issues, with a particular focus on the FTC Used Car Rule and various state laws dealing with used cars. Chapter 16, infra, analyzes special state warranty laws for wheelchairs, hearing aids, and other assistive devices. Chapter 17, infra, details manufactured home warranty law, with attention devoted to state manufactured home warranty laws and the federal National Manufactured Housing Construction and Safety Standards Act. Chapter 18, infra, discusses common law and statutory claims relating to warranties for new homes. Chapter 19, infra, examines automobile repairs, home improvements, and other service transactions. Chapter 20, infra, covers service contracts, extended warranties, and mechanical breakdown insurance, and Chapter 21, infra, details the warranty rights of lessees of personal property.