Express warranties arise from affirmations of fact and descriptions. Implied warranties of merchantability and fitness arise by operation of law and may be disclaimed subject to statutory limits.
Privity requirements vary by state.
Alternative Names:
Consumer Warranty Claim|Breach of Warranty (Consumer)
Why it Matters?
Privity requirements defeat implied warranty claims against manufacturers in states retaining them, which channels consumers to the retailer or to express warranty theories, and confirming the forum's position is a threshold analysis. Notice of breach within a reasonable time is a separate element frequently overlooked, and failure to notify the seller before suit bars the claim in many jurisdictions.
Frequently Confused with
Related terms
Frequently asked questions
What defeats manufacturer implied warranty claims?
What element is frequently overlooked?
