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Understanding Civil Causes of Action - Breach of Warranty: Your Rights and Protections
Definition & Meaning
A breach of warranty occurs when a seller or manufacturer fails to uphold a promise regarding a product's quality or performance. This can involve explicit statements made in a sales agreement or implied guarantees that the product will meet certain standards. Warranties can be categorized as express, which are clearly stated in the contract, or implied, which are automatically granted by law to protect buyers. For example, an implied warranty of merchantability ensures that products are suitable for their intended use. If a product does not function as expected, it may be considered unmerchantable, giving the buyer grounds for a claim.
Table of content
Legal Use & context
Breach of warranty is primarily addressed in civil law, particularly in contract disputes. It often arises in consumer protection cases where a buyer feels misled about a product's capabilities. Users can manage some aspects of these claims themselves using legal templates from US Legal Forms, which can help in drafting necessary documents or understanding the process involved in filing a warranty claim.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A buyer purchases a new refrigerator that comes with a one-year warranty stating it will keep food at a safe temperature. If the refrigerator fails to maintain that temperature and spoils the buyer's food, this may constitute a breach of warranty.
Example 2: A car is sold with an implied warranty that it is fit for driving. If the car breaks down shortly after purchase due to a manufacturing defect, the buyer may claim a breach of warranty. (hypothetical example)
Relevant laws & statutes
The Uniform Commercial Code (UCC) governs warranties in commercial transactions across the United States. Additionally, the Magnuson-Moss Warranty"Federal Trade Commission Improvement Act of 1975 sets federal standards for written warranties and protects consumers against disclaimers of implied warranties.
State-by-state differences
State
Key Differences
California
Strong protections for consumers regarding implied warranties.
New York
Requires clear disclosure of warranty terms in sales contracts.
Texas
Allows for certain disclaimers of implied warranties under specific conditions.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Breach of warranty
Failure to fulfill a promise regarding a product's quality or performance.
Misrepresentation
Providing false information that induces a buyer to enter a contract.
Negligence
Failure to take reasonable care, leading to damage or injury.
Common misunderstandings
What to do if this term applies to you
If you believe you have experienced a breach of warranty, consider the following steps:
Review the warranty terms to understand your rights.
Gather evidence of the product's failure and any related damages.
Contact the seller or manufacturer to discuss the issue.
If necessary, explore legal forms available through US Legal Forms to assist in filing a claim.
For complex cases, consult with a legal professional for tailored advice.
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