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52 U. Louisville L. Rev. 583 (2014)
The Minority Approach that Could Protect the Majority of Kentucky Consumers: Relaxing the Privity Requirement for Implied Warranties of Merchantability
T. Danielle Smith*
Abstract

Consumers have expectations about the products they purchase. Expectations are derived from multiple sources, including promises on the container, words from a seller, use of a similar product, and advertisements. Such expectations can create warranties for the product. But what happens when those expectations are not met or those warranties are breached? Some products may be returned to the retail entity from where they were purchased. However, the damage that occurred from the unmet expectation can be greater than the price the consumer paid for the product, which requires additional recovery to make the harmed consumer whole again. In such situations, a consumer may be left without an adequate remedy.

* J.D. Candidate, May 2014, Louis D. Brandeis School of Law, University of Louisville. I would like to thank Professor Richard Nowka for his inspiration and his assistance in navigating Article 2. I would also like to thank my parents and brother, Steve, Greta, and Clint Smith, for their unwavering support throughout my law school studies and particularly the writing of this Note.