Breach of Warranty

Breach of warranty is an issue under both Contracts and Torts. The applicable warranties arise under UCC §§ 2-313, 2-314, and 2-315, and accordingly are related to the law of contracts. When a breach of warranty results in defective goods (i.e., goods the buyer did not contract for), it is asserted in connection with a breach of contract claim. When a breach of warranty gives rise to a personal injury, it can be asserted as a tort claim.

There are two components to a breach of warranty analysis: (1) whether the circumstances gave rise to a warranty; and (2) whether the warranty was breached. Sometimes, more than one warranty will apply – for example, when the seller is a merchant (giving rise to the implied warranty of merchantability) and also makes a promise about the quality of the goods (giving rise to an express warranty).