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Breach of Warranty

Posted on June 18th, 2021

Breach of Warranty Lawyer

Breach of Warranty lawyer

Warranties of a product guarantee that a particular product will perform a specific way or will be held up to a specific standard. It is a generalized statement that the guarantee of a particular product will conduct the intended purposes in a specific way or will meet up with a particular standard. Federal and state laws have dictated the conditions in which a plaintiff is able to demonstrate breach of warranty to recover from a product liability lawsuit. To establish a claim of breach of warranty the plaintiff must prove six specifications. First, the seller and the buyer entered a contract for the sale of goods. Following, the defendant either expressly or implicitly warranted the sale of goods. Continuing, the goods did not conform to express or implied warranty. Furthermore, the warranty was not appropriately excluded or modified. Additionally, the breach of warranty was the legal cause of the plaintiff’s damage, loss, or harm. Lastly, the plaintiff gave the defendant timely notice of the breach of warranty. A lawsuit that is based solely on a breach of warranty is a breach of contract lawsuit. 

Breach of Express Warranty

An express warranty is typically contained in sales contracts, including when a seller promises that a product will perform in a particular manner. Within a sales contract contains an expressed promise that can be submitted into court as a proof of a breach. Verbal promises by a salesman can create difficult challenges for plaintiffs to prove, specifically when a sales contract states that a salesman or a saleswoman warranty is not binding. Within the Uniform Commercial Code, if a seller excludes all express warranties, it does not matter what the individual has stated regarding the goods, thus leaving the buyer to agree that they will not rely on oral statements.

Implied Warranty of Merchantability

Another example of breach of warranty would include implied warranty of merchantability. This notion relates to a guarantee that the product does not contain any design defects, manufacturing defects, or improper labeling. The seller has created an implied promise that the product is deemed fit for the purposes of which the manner of similar products are sold. With that, a plaintiff can sue for breach of the implied warranty of merchantability while also making a claim for either design defects or manufacturing defects. 

Implied Warranty of Fitness

Additionally, implied warranty of fitness would also be encompassed under the contention of breach of warranty. This concept highlights the contention that a seller knows a consumer is purchasing a product for a specific purpose, having the purchaser rely on the seller’s particular skills and judgement in rendering a decision on what the right product would be to accomplish that specific purpose. Meanwhile, the product is in fact not appropriate for the purpose that the consumer had purchased it for. An instance would include when a salesperson sells an item that the purchaser had believed it was for a particular action, but instead, does not complete the intended action.

If you are in need of a Breach of warranty lawyer at The Law Office of Eglet Adams call for answers to your questions and help with your case. 



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