Warranty FAQs:


Q: Is warranty in its simplest form an element of a contract?

A: Yes, and some warranties run with a product so that a manufacturer makes the warranty to a consumer with which the manufacturer has no direct contractual relationship.

Q: Are warranties unwritten promises that arise from the nature of the transaction?

A: Yes, and the inherent understanding by the buyer, rather than from the express representations of the seller.

Q: Were warranties often limited by disclaimers?

A: Yes.

Q: Is warranty explicitly provided and the jurisdiction?

A: Yes.

Q: Are warranties provided for various products?

A: Yes, but automobiles and electronics are common examples.

Q: Is warranty different from the effect of a performance warranty is where the time limit exceeds to normal lifetime of the product?

A: Yes.

Q: Are warranties viewed as primarily contract-based legal action while negligent or fraudulent misrepresentations are tort-based?

A: Yes, but there is a confusing mix of case law in the United States.

Q: Is warranty violated when a buyer asks a mechanic to provide tires for use on snowy roads and receives tires that are unsafe to use in snow?

A: Yes.

Q: Is warranty offered?

A: Yes, and attorney fees may be recovered.

Q: Are warranties factual promises which are enforced through a contract legal action?

A: Yes, and regardless of materiality, intent, or reliance.

Q: Are warranties required on new home construction?

A: Yes, and "lemon laws" apply to motor vehicles.

Q: Is warranty usually a warranty against defects in materials and workmanship that has no time limit to make a claim?

A: Yes, and rather than a warranty that the product will perform for the lifetime of the buyer.

Q: Are warranties often confused with performance warranties?

A: Yes.

Q: Are warranties violated when the promise is broken or the goods are not as expected?

A: Yes.