Breach of warranty - sustany/dvg GitHub Wiki

Breach of warranty is defined as the violation of an�express�or�implied�contract�of�warranty, and thus it is a�breach of contract. Essentially, it occurs when the warrantor fails to provide the�assurance�warranted. A seller can expressly or implicitly assure the buyer about the quality or�title�of an item sold. If such assurance is proved to be untrue, the buyer has a�claim�for breach of warranty.

Generally, the breach takes one of two forms: (1) a�misrepresentation�of a�fact�or�condition�warranted to be true, or (2) a failure to do or refrain from some conduct warranted to be done.

1. Breach of warranty by misrepresentation may be brought in�tort�for�damages�or in contract if the�representation�was made as an inducement of a contract.
2. Breach of warranty to do or refrain from some action is usually brought as a breach of contract action for damages,�rescission�or for�specific performance.

A warranty must be distinguished from a statement of opinion or a mere prediction of future events (UCC � 2-313(2))

For a famous�case�in contract law discussing breach of warranty, see�Hawkins v. McGee.