Exploit Page Break Warranty
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What problems are you solving with the product? What benefits have you realized?
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What is a warranty breach?
A breach of warranty involves a broken promise about a product made by either a manufacturer or a seller. The term also covers a failure of a statement or agreement by a seller of property which is a part of the contract of sale, when the truth of the statement is necessary to the validity of the contract.
What happens when a warranty is breached?
Breach of warranty refers to the failure of a seller to fulfill the terms of a promise, claim, or representation made concerning the quality or type of the product. Injured guests, bystanders, or others with no direct relationship to the product may sue for damages caused by the product.
What is the consequence of breaching a warranty?
A breach of warranty gives rise to claim for damages but not to a right to reject the goods and treat the contract as repudiated.
What is the legal effect of a breach of a condition and a breach of a warranty?
A warranty is not as important as a condition. A breach of a warranty will not render the contract impossible to perform, as breach of a condition might. As such the breach of a warranty entitles the innocent party to damages only.
What would be possible defenses to a breach of warranty claim?
The simplest defense to a breach of warranty action is that there is no warranty. If the defendant can show that the claimed statements were mere puffer and did not become part of the benefit of the bargain, then the defendant can show that no express warranty existed.
What is the difference between a breach of condition and a breach of warranty?
The condition is vital to the theme of the contract while Warranty is ancillary. In the case of breach of condition, the innocent party has the right to rescind the contract as well as a claim for damages. On the other hand, in breach of warranty, the aggrieved party can only sue the other party for damages.
When can a breach of condition be treated as a breach of warranty?
[Section 13(1)] Acceptance of goods by buyer: Where a contract of sale is not severable, i.e. it is indivisible and the buyer has accepted the goods or part thereof, the breach of any condition is to be treated as a breach of a warranty.
What happens if a condition is breached?
If a condition, the party can terminate the contract. However, if the nature and effect of the breach, at the time the breach occurred, does not deprive a party of the whole of the benefit of the contract, then the term will be considered a warranty and that party will only be able to sue for damages.
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