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.
- 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.
- 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.
[Last updated in June of 2022 by the Wex Definitions Team]