Defective Products

Breach of Warranty

A warranty is an express or implied representation of fact that is upheld by law against the person who devised it. Product liability law addresses three kinds of warranties on the basis of a product’s quality or usability:

• Express warranty
• Implied warranty of merchantability
• Implied warranty of fitness for a particular purpose

These warranties can be found in the Uniform Commercial Code (UCC), which is followed by every state.

There are three methods of establishing an express warranty:

1. Confirmation of product features and facts stated by the supplier to the buyer, which becomes part of the foundation for the agreement.
2. Explanation of the products, which becomes part of the foundation for the agreement.
3. Showing an example or model of the product, which becomes part of the foundation for the agreement.
4. An express warranty can consist of dialog spoken at the point of sale, or it could be imbedded in the sales contract or written on tags affixed to the good or sample. The express warranty may have been suited to a previous sale of an identical product, or it may arise from product exposure. Advertising pitches such as, “Once you purchase this product, you’ll never want to replace it,” do not justify an express warranty.

An implied warranty is instituted and enforced by law, and it accompanies the product as it exchanges ownership unless it is undoubtedly restricted or disqualified by the contract. According to the UCC, contractual restraints on liability for personal injury are immoral and are not imposed.

An implied warranty of merchantability mandates that goods and their containers follow minimum quality specifications. Most importantly, they need to be able to meet the performance standards originally claimed by the manufacturer. Also included in this warranty is a set of practical safety measures. The implied warranty of fitness for a particular purpose entails comparable requirements when the seller is aware, or has reason to be aware, of how the product is intended to be used. If the seller suggests a product that they believe will live up to a buyer’s expectations, the seller is essentially guaranteeing that the product is appropriate for the buyer’s specific needs.

Taking action against a seller for breach of warranty is similar to a strict liability claim because proof of negligence is not a prerequisite for filing for a lawsuit. However, there are some restrictions; the buyer must promptly notify the seller of the breach if they expect the seller to be held accountable for their acts. The buyer must have depended on the warranty as well. On the other hand, if the consumer suffers a personal injury as opposed to property damage, a judge is less likely to employ these policies during a trial.