DE · jury_instructions
Del. P.J.I. Civ. § 9.7
Sealed Container Defense
SEALED CONTAINER DEFENSE
A seller is not liable for defects in a product that is received by it in a sealed
container and sold in an unaltered form. This defense does not apply, however, if
the seller has knowledge of the defects, or if the seller reasonably could have
discovered the defects while the product was in its possession. The burden of
proving this defense is on [seller’s name].
A seller is an individual or entity, other than the manufacturer, who is regularly
engaged in the wholesale, retail, or distribution of a product. [Sellers include a
lessor or bailor regularly engaged in the business of the lease or bailment of the
product.]
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
ad2c62f5c9095a53aa66d429f3a6a77e3480bb00b0606eb9ad6a7bf00c5f33db
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.