Breach of Warranty

In one sentence

Failing to fulfill a promise or guarantee made about a product or service.

Plain English

A breach of warranty happens when someone makes a promise about what something is or will do, and that promise turns out to be false. Warranties can be express (written or spoken promises) or implied (automatic guarantees the law provides). When a warranty is breached, the person who relied on it can usually get their money back, a replacement, or damages.

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Example

A car dealer sells you a used car and promises in writing that the engine is in perfect condition. Two weeks later, the engine fails. This is a breach of warranty because the dealer's promise about the engine's condition was false.

Used in a sentence

“The customer sued for breach of warranty when the appliance stopped working after just three months.”

Related terms

Actual Condition

The real state of something at a specific moment in time.

Actual Performance

Completing all the obligations required under a contract exactly as promised.

Damages Calculation

The process of determining how much money a harmed party should receive for a breach.

Reliance Damages

Compensation for losses suffered by relying on a promise, even if no formal contract exists.

Equitable Relief

A court remedy other than money, like ordering someone to do or stop doing something.

Merchant

A person or business that regularly buys and sells goods of a particular kind.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.