Breach Of Warranty Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Breach Of Warranty, written in plain English, along with examples of how it is used.

What is Breach Of Warranty?

(n) Breach of warranty is the failure to justify or satisfy the statement of quality whether implied or not, assurance made prior hand etc, with or without an intention to mislead the other party

History and Meaning of Breach Of Warranty

Breach of warranty refers to a failure to meet the terms and conditions of a warranty that has been provided with a product or service. This includes both express warranties, which are explicitly stated in the contract or agreement, and implied warranties, which are inferred by law. The concept of breach of warranty dates back to the common law system of England and has been imported into most modern jurisdictions through the development of contract law.

When a seller provides a warranty, they promise that the goods or services they are selling will meet certain standards, either explicitly or implicitly. If they fail to meet those standards, they may be liable for any harm or damages their failure causes to the buyer or user of the product or service. Depending on the nature of the breach, the buyer or user may be entitled to damages or other forms of legal relief.

Examples of Breach Of Warranty

  1. A car dealer sells a car with a 90-day warranty against defects. After two weeks, the transmission fails and the owner takes it to a mechanic to be repaired. The repair costs $2,500. Since the car failed to meet the warranty, the owner can sue the dealer for breach of warranty and recover the cost of the repair.
  2. A contractor agrees to build a deck for a homeowner and provides a one-year warranty against structural defects. After six months, the deck begins to sag and warp. The homeowner contacts the contractor, who refuses to fix the problem. The homeowner can sue the contractor for breach of warranty and seek a court order to force the contractor to fix the deck.
  3. A company sells a health supplement with a warranty that it will cure a particular ailment. After using the supplement for several months, the customer sees no improvement. The customer can sue the company for breach of warranty and seek a refund for the cost of the supplement.

Legal Terms Similar to Breach Of Warranty

  1. Contractual liability - This refers to the responsibility of a party to satisfy the terms and conditions of a contract.
  2. Implied warranty of habitability - A warranty that applies to rental property, ensuring that it meets basic livability standards.
  3. Express warranty - A warranty that is explicitly stated in an agreement.
  4. Product liability - The legal responsibility of a manufacturer, seller, or distributor for harm caused by their product.