What is a breach of warranty?

A breach of warranty is a violation of the terms of the warranty contract between a seller and a buyer. The warranty contract is an agreement that specifies the quality and other characteristics of a product that the seller is obligated to provide to the buyer in exchange for money. If a seller delivers a product that does not comply with the terms of the warranty, then the seller has breached the warranty. In California, a breach of warranty is a violation of state laws regulating the sale of dangerous products. In general, the law requires that sellers provide accurate and clear representations on product labels or in product descriptions. A breach of warranty can occur when a seller knowingly makes false representations on a product label or description or if a seller fails to disclose any known material defects in the product. In California, a breach of warranty can be grounds for a consumer to bring a civil lawsuit against the seller. A successful lawsuit would entitle the consumer to compensation for losses related to the defective product, including the cost of the product, repair costs, and any other economic losses suffered by the consumer. In order to successfully sue, a consumer must show that the seller violated an express or implied warranty and that this violation caused the consumer harm.

Related FAQs

What is a “failure to inspect” defense to a product liability claim?
What is the Risk Homeostasis Theory?
What is an assumption of risk defense?
What actions can I take if I am injured by a defective product?
What is a warning defense?
What is a defective product recall?
What is the Learned Hand Rule?
What is the burden of proof in a product liability case?
What are the steps in filing a product liability claim?
What is a “fraudulent misrepresentation” defense to a product liability claim?

What is a breach of warranty?

Related FAQs

Related Blog Posts