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Simple English definitions for legal terms
express warranty
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A quick definition of express warranty:
An express warranty is a promise made by a seller about the quality or condition of a product. This promise can be made in different ways, like describing the product or showing a sample. Even if the seller doesn't use the words "warranty" or "guarantee," they can still be held responsible if the product doesn't meet the promised standards. For example, if a roofing company promises that their roof will last for 20 years but it starts leaking after a few months, they have broken their express warranty.A more thorough explanation:
An express warranty is a type of warranty that is intentionally and clearly stated by the seller to the buyer regarding the condition, quality, or nature of a good or property. According to the Uniform Commercial Code § 2–313, a seller can create an express warranty in the following ways:
- Any affirmation of fact or promise that relates to the goods and becomes part of the basis of the bargain
- Any description of the goods that is made part of the basis of the bargain
- Any sample or model that is made part of the basis of the bargain
It is important to note that the seller does not need to use specific words like "warranty" or "guarantee" to create an express warranty.
For example, in the case of Medical City Dallas, Ltd. v. Carlisle Corp., a roofing company issued a twenty-year warranty on the membrane of a roof. However, within months of installation, the buyer found leaks in the roof. The Texas Supreme Court found that the roofing company had breached its express warranty.
Another example is ASM Capital v. First Nat'l Bank of Waverly, where the court found that the bank had made an express warranty regarding the value of certain securities it sold to the buyer. When the securities turned out to be worth less than what the bank had promised, the court found that the bank had breached its express warranty.
These examples illustrate how an express warranty can be created and how it can be breached if the seller fails to deliver on the promises made in the warranty.