What is a Breach of Warranty?A breach of warranty occurs when the seller of a product fails to fulfill the terms of a promise, claim, or representation made concerning the quality or type of product. A breach of warranty claim is based upon the seller’s failure to honor his/her promise. Warranty claims may be brought under state or federal law. Express warrantyAn express warranty occurs when there has been an assertion of fact or a promise made about the quality, performance, construction, or durability of a product, and that promise induces a buyer to purchase it. An express warranty may be created in writing, orally, or through the provision of physical representations, such as samples of the product. Implied WarrantiesAn implied warranty arises by operation of law out of the sales transaction. With respect to product liability, there is the implied warrant of merchantability and the implied warranty of fitness for a particular purpose. The former is a promise that the product sold is in proper condition and is reasonably suited for the purpose to which it was manufactured. The latter is a special warranty that applies when the consumer relies on the seller’s advice that a particular product can be used for a particular purpose. Timothy L. MilesTimothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles was recentely selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019). Comments are closed.
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AuthorTimothy L. Miles Archives
July 2022
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