What is the difference between civil fraud and breach of warranty?

Civil fraud and breach of warranty both deal with instances of a buyer being wronged by a seller. However, there are a few key differences between the two. The main difference between civil fraud and breach of warranty is the type of wrong that has occurred. In civil fraud, the seller makes a representation about the product or service they are selling, but that representation turns out to be false. This is something that the buyer would not have known unless the seller had revealed it. Breach of warranty, on the other hand, occurs when the seller fails to keep the promises they make in a warranty. Another difference between civil fraud and breach of warranty is the extent of the wrong done. With civil fraud, the seller had an intention to deceive the buyer and to gain something from it. On the other hand, breaches of warranty may be unintentional. Filing a claim for civil fraud in Maine requires consumers to meet the burden of proof and show that the seller has misrepresented the product or service. For breach of warranty, the buyer must usually only demonstrate that the product or service was not delivered as promised. In Maine, both civil fraud and breach of warranty claims may result in the buyer being reimbursed for any losses or damages they have suffered, as well as awards of punitive damages and attorneys’ fees.

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