What is the difference between civil fraud and breach of warranty?
Civil fraud and breach of warranty are two different legal concepts that can be found in a variety of cases. Fraud is when someone deliberately misrepresents something or acts in bad faith in order to obtain a benefit, such as money. Breach of warranty, on the other hand, is when someone fails to live up to the agreement of a product or service, such as selling a defective product or providing a service that does not meet the expectations outlined in the contract. The primary difference between civil fraud and breach of warranty is the intent. Fraud requires intent to deceive or mislead, while breach of warranty does not require this kind of bad faith. In civil fraud cases, a plaintiff must prove that the defendant knowingly made a false statement or acted in bad faith in order to obtain a benefit or cause a harm. Breach of warranty does not require a showing of bad faith, as it is often simply a matter of a failure to meet the product or service expectations outlined in the contract. Civil fraud is governed by the laws of California and is typically a criminal offense that can lead to restitution and/or a civil penalty. Breach of warranty, on the other hand, is usually a civil matter that is usually resolved through a contract. In California, the Uniform Commercial Code (UCC) governs breach of warranty cases by providing purchasers with certain rights when goods or services do not meet a certain expected level of quality or performance.
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