Legal Definitions - breach of warranty

A breach of warranty occurs when a seller or service provider fails to uphold a promise or guarantee made about the quality, condition, performance, or even ownership (title) of goods or services. These promises can be either express, meaning they were explicitly stated or written, or implied, meaning they are understood to exist by law even if not explicitly mentioned. When such a promise is broken, the buyer or recipient may have a legal claim because the item or service did not meet the assured standards.

• Example 1: Express Warranty for Product Quality

  Imagine you purchase a new smartphone that is advertised with a specific feature, such as being "waterproof up to 1 meter for 30 minutes." The manufacturer's packaging and website clearly state this capability. However, a week after purchase, the phone sustains water damage after a brief accidental splash, well within the advertised limits. This would be a breach of an express warranty because the product failed to live up to a specific, explicit promise made by the manufacturer regarding its quality and performance.

• Example 2: Implied Warranty of Merchantability

  You buy a brand new refrigerator from a major appliance store. There's no specific written guarantee about its cooling ability beyond the standard manufacturer's warranty. However, within a few days of delivery, the refrigerator fails to cool food properly, causing items to spoil. This situation likely represents a breach of an implied warranty of merchantability. This type of warranty, understood by law, guarantees that goods sold are fit for their ordinary purpose – in this case, a refrigerator should be able to keep food cold. The failure to perform this basic function means the implied promise of its usability has been broken.

• Example 3: Express Warranty of Title

  Suppose you purchase a vintage collectible car from a private seller who provides you with a signed bill of sale explicitly stating, "Seller guarantees clear and marketable title to the vehicle." You register the car and begin restoration. Several months later, authorities seize the car, informing you it was stolen years ago and the seller was not the rightful owner. This is a breach of an express warranty of title. The seller explicitly promised they had the legal right to sell the car, and that promise proved to be untrue, causing you to lose ownership.