It Is Much Easier to Find Fault with Others, Than to be Faultless Ourselves : Contributory Negligence as a Bar to a Claim for Breach of the Implied Warranty of Merchantability

Abstract

To better understand the policy underpinnings of the statutory bar of certain implied warranty merchantability claims, this Article first reviews the origins and the continued vibrancy of the doctrine of contributory negligence in North Carolina. The doctrine is then examined in the context of North Carolina\u27s enactment of the Products Liability Act and the doctrine\u27s applicability to the implied warranty of merchantability