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A breach of warranty occurs when a product’s claims or representations are found to be false. Express warranties are clear statements by merchants, while implied warranties arise by law. Breaches can occur in connection with the sale of an automobile or when a product does not perform as expected. Personal injury resulting from a breach is usually liable to action.
A breach of warranty occurs when claims or representations made about a particular product, at the time of sale, are later found to be false or inaccurate. An express warranty is a clear statement by a merchant that a particular product will perform in a manner consistent with the buyer’s expectations. A warranty can also be a promise that a product is guaranteed to be free from defects for a specific period of time.
One of the most common instances where a breach of an express warranty occurs is in connection with the sale of an automobile. In most cases, the vehicle manufacturer will guarantee, or warrant, that certain components in the car will perform without fault for a specified number of miles or for a certain amount of time. If the vehicle breaks down in this respect during the warranty period, a breach of warranty has occurred and the manufacturer, or more commonly, the car dealership is obligated by law to repair the defects free of charge.
Implied warranties arise not from the express representations of the seller, but by operation of law. Violation of the implied warranty of merchantability occurs when a product does not perform in the way that ordinary purchasers of that particular product would expect. Merchantability refers to the reasonable expectations of users of the particular product. For example, purchasing a ball that does not bounce properly, or deflates quickly, would be in breach of the implied warranty of merchantability. In many situations, a seller can disclaim the implied warranty of merchantability at the time of sale by using the phrase, the product is sold “as is”. In some jurisdictions, this type of manufacturer disclaimer, on the implied warranty for certain consumer goods, is prohibited.
A breach of the implied warranty of fitness for a particular purpose occurs when the buyer relies on the merchant to sell him a specific product for a certain need or purpose. For example, a breach of warranty will occur if a buyer asks a tradesman for a drill that drills into concrete, but receives a drill that fails to do this particular task properly. In some jurisdictions, breach of warranty is a recognized cause of action in a product liability lawsuit. Any personal injury sustained by a user of a product as a result of a breach of the implied warranty of merchantability or fitness for a particular purpose is usually liable to action.
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