Civil Causes of Action - Breach of Warranty Law and Legal Definition

A breach of warranty involves a broken promise about a product made by either a manufacturer or a seller. The term also covers a failure of a statement or agreement by a seller of property which is a part of the contract of sale, when the truth of the statement is necessary to the validity of the contract. Warranties are also express or implied. An express warranty is a particular stipulation introduced into the written contract, by the agreement of the parties; an implied warranty is a guarantee imposed by law in a sale. Even though the seller may not make any explicit promises, the buyer still gets some protection. An example is implied warranty of merchantability, requiring products to be fit for their intended use. When a product is unable to function in its basic use, it may be claimed to be unmerchantable.

Warranty protection is provided under the Uniform Commercial Code (UCC), which has been adopted, at least in part, by all states. On the federal level, Congress enacted the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act of 1975, The federal Act has had a substantial impact on the warranty provisions of the Uniform Commercial Code. In general, it mandates certain guidelines in connection with written warranties and, where written warranties are given, invalidates attempts to disclaim implied warranties. The federal Act is aimed at written warranties and service contracts made in connection with the sale of "consumer products," requires that they they must meet federal standards in terms of disclosure and remedies provided to an aggrieved consumer.