Personal Injury Law

Products Liability

What is breach of warranty?

Warranty claims are a hybrid of tort and contract law in which a manufacturer or seller makes claims or warranties that a product will perform to a certain level. An express warranty means that a seller represents that a product contains or possesses certain qualities. For example, let’s say a manufacturer of a fiberglass door claims that the door is shatterproof. This means that the manufacturer represents that the door will not shatter.

Implied warranties—which are more based on contract law—are those that are implied in the sale of a product without express statements about the product. For example, a warrant of merchantability means that a product is fit for the ordinary purposes for which it is sold.

State law varies as to whether most warranty claims are based on contract law, tort law, or a combination of both.


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