What is a breach of warranty defense?

A breach of warranty defense is a legal strategy used to protect a seller from a product liability claim. It is based on a breach of warranty, which is a promise made by the seller that the product will be free of defects and will meet certain standards. In Michigan, a breach of warranty defense is one way a seller can be held liable for product defect claims. Under Michigan law, a breach of warranty defense can be used when the product was sold with a warranty and the buyer can prove that the product did not meet the warranty’s standards. This could include if the product was sold faulty, damaged, or not suitable for the buyer’s intended purpose. If the buyer can prove a breach of warranty, the seller may be found liable for the product’s damages. However, in Michigan, the seller must also prove that the product was sold “as is.” In this case, the buyer is aware of the product’s condition and limitations and purchases it at their own risk. When this is the case, the seller will not be held liable for any damages related to the product’s issue. In conclusion, a breach of warranty defense is a legal strategy available under Michigan law for sellers of products who wish to avoid liability for product defect claims. This defense is applicable when the buyer can prove that the product does not meet the warranty’s standards or if the product was sold "as is," and the buyer was aware of the product’s condition and limitations.

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What is a breach of warranty defense?

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