Contracts · claim
Breach of warranty occurs when a seller or manufacturer fails to uphold the terms of a warranty, causing harm to the buyer. Warranties can be either express (explicitly stated) or implied (automatically granted by law).
There must be a valid warranty that is applicable to the goods or services involved.
What to prove: It must be shown that the warranty existed at the time of sale, whether express or implied.
The defendant's failure to comply with the terms of the warranty.
What to prove: The claimant must demonstrate that the warranty terms were not met or that the product did not conform to the warranty.
The breach must have directly resulted in some form of damage or loss to the claimant.
What to prove: The claimant must show a clear link between the breach and the damages incurred, proving that they would not have suffered these damages but for the breach.
The claimant must have suffered a quantifiable loss due to the breach of warranty.
What to prove: The claimant must provide evidence of the specific damages caused by the breach, such as repair costs, replacement costs, or diminished value.
The burden of proof is on the plaintiff, who must establish the breach of warranty by a preponderance of the evidence.
Breach of warranty issues often arise in exam fact patterns involving sales of goods, so focus on identifying warranties, breaches, and the damages claimed.