Express Warranty

Definition

An express warranty is a specific promise made by a seller regarding the quality, characteristics, or performance of a product, which becomes part of the basis of the bargain between the buyer and seller. This warranty is created through statements, descriptions, or representations made by the seller that explicitly affirm certain aspects of the product. Express warranties provide buyers with assurance and can serve as a basis for liability if the product fails to meet those stated assurances.

5 Must Know Facts For Your Next Test

1. An express warranty can be created through oral or written statements made by the seller, including advertisements and product labels.
2. To prove a breach of express warranty, the buyer must demonstrate that the product did not meet the seller's specific claims or representations.
3. Express warranties are binding and enforceable, giving consumers legal recourse if they rely on these promises and suffer damages as a result.
4. Under the UCC, express warranties are distinct from implied warranties and require specific language or representations to establish them.
5. Express warranties apply to both consumer goods and commercial transactions, impacting various sectors like retail and manufacturing.

Review Questions

• How does an express warranty differ from an implied warranty in terms of formation and enforcement?
  • An express warranty is formed through explicit statements or promises made by the seller about a product's characteristics or performance, while an implied warranty arises automatically based on the nature of the transaction without any specific statement. Express warranties require clear communication and are enforceable based on those exact claims. In contrast, implied warranties ensure that products meet general standards of quality without needing explicit assertions from the seller.
• Discuss how a buyer can establish a breach of express warranty in a legal context.
  • To establish a breach of express warranty, a buyer must first identify the specific statements or representations made by the seller that form the basis of the warranty. The buyer then needs to demonstrate that the product failed to meet those expressed assurances. Evidence such as advertisements, packaging, or direct communications from the seller can support the claim. If proven, this allows the buyer to seek remedies such as repairs, replacements, or monetary damages for losses incurred due to reliance on the express warranty.
• Evaluate the implications of express warranties in consumer protection law and how they influence consumer behavior in purchasing decisions.
  • Express warranties play a significant role in consumer protection law by providing consumers with assurance about product quality and reliability. They influence purchasing decisions as consumers often rely on these promises when selecting products, believing that they are protected if expectations are not met. The enforceability of express warranties encourages sellers to maintain higher standards and honesty in their marketing practices, fostering trust in commercial transactions. As a result, strong express warranty regulations can enhance overall market confidence and protect consumer rights.

Related terms

Implied Warranty: An implied warranty is an unwritten guarantee that a product will meet certain standards of quality and performance, often based on the nature of the transaction.

Breach of Warranty: A breach of warranty occurs when a product fails to conform to its express or implied warranty, allowing the buyer to seek remedies for damages.

UCC: The Uniform Commercial Code (UCC) is a set of laws that govern commercial transactions in the United States, including provisions on warranties.