Products Liability:

Breach of Warranty

Breach of warranty is often linked to a failure to warn consumers about inherent dangers of a product or its usage. Three types of breach of warranty include breach of implied warranty of merchantability, breach of express warranty and breach of implied warranty of fitness for a particular purpose. A breach of implied warranty denotes that defective product was reasonably understood to be free of defects and no disclaimers indicated otherwise. A breach of express warranty means that the manufacturer violated their written guarantee to the consumer. Lastly, a breach of implied warranty of fitness for a particular purpose indicated that the seller knew the customer’s purpose and that they were relying on the seller’s judgment and skill to fulfill that purpose.