Also known as: express warranty · implied warranty · express warranties · implied warranties · warranty · contractual warranty
Written by attorneys · grounded in primary & secondary sources — see below
An assurance regarding the quality, title, or condition of goods, property, or leased premises that is either stated explicitly by the parties or implied by law or statute. The assurance creates liability when breached, whether through failure of title, defective construction, or unsafe conditions violating habitability standards.
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Edgar Evers sold a parcel to Evergreen Bank using a general warranty deed that included covenants of seisin and against encumbrances. After the transfer, the bank discovered an undisclosed easement that impaired marketability. The bank recovered damages from Evers because the warranty covenants ran with the land and protected the grantee against title defects arising from the grantor's period of ownership.
Lopez Properties leased a studio to Maya. City inspectors had cited the building for loose balcony railings that violated housing codes and the implied warranty of habitability. Jordan, Maya's invited guest, leaned on the railing during a gathering and fell when it collapsed. Jordan prevailed against the landlord because the dangerous condition violated the implied warranty and the landlord failed to repair it after notice.
Elemental Pharmaceuticals purchased a newly constructed office building from a builder-vendor. Within two years, structural cracks appeared because the foundation had not been poured in a workmanlike manner. Elemental sued the builder for breach of the implied warranty that the building was suitable for its intended use. The claim did not proceed because the jurisdiction restricts enforcement of the warranty by parties lacking privity with the builder-vendor.
Eva Espinosa bought industrial equipment from Echelon Security under a contract that included an implied warranty of fitness. The equipment malfunctioned and caused a fire that damaged Espinosa's adjacent warehouse inventory. Espinosa recovered the value of the destroyed inventory as consequential damages because the loss proximately resulted from the breach of warranty.
Metro Auto Group leased a garage apartment to Diego. The exterior staircase violated building codes because of missing bolts and rust. Diego and his guest Carla were injured when the staircase collapsed. Both recovered from the landlord because the condition violated the implied warranty of habitability and the landlord failed to repair after repeated notice.
Emily Ellis bought a previously owned home from an intermediate seller. The original builder had constructed the foundation with substandard concrete that later caused settling damage. Ellis sued the builder directly under the implied warranty of fitness for new residential construction. The court dismissed the claim because the jurisdiction limits the warranty to the original buyer in privity with the builder.
An implied warranty of habitability arises by operation of law and requires the landlord to maintain premises in a safe and code-compliant condition. An express warranty is created by the parties' specific statements or promises in the lease. Breach of the implied warranty supports liability for physical harm to tenants and their guests when the landlord fails to repair after notice.
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…liability for personal injuries arising from the breach of the warranty, and to have agreed to the elimination of any other express or implied warranty. An instinctively felt sense of justice cries out against such a sharp bargain. But does the doctrine that a person is bound by his signed agreement, in the absence of fraud, stand in the…
…562. A saleman's solicitation, a broker's offer, and a manufacturer's publication of a price list or the terms of his standard
…contain express preemptive language and also specifically define "product liability claim" as one encompassing breach of
…and unreasonably dangerous to foreseeable users at the time of its sale. Id. , ¶ 11. (A third count alleging breach of warranty
…Ante , at 15 n. 10. Some of my citation of the common law is meant to illustrate when a statement of opinion contains an
Jurisdictions are split. Some courts permit subsequent purchasers to enforce the implied warranty of fitness directly against the builder-vendor. Other courts limit enforcement to the original buyer in privity with the builder. The outcome turns on whether the jurisdiction treats the warranty as running with the property or as strictly contractual.
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A buyer may recover incidental damages and consequential damages that proximately result from the breach, including injury to person or property. The measure includes losses the seller had reason to know would result and that could not be prevented by cover. Special circumstances may adjust the calculation to the value of the goods at the time of dispossession.
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A general warranty deed contains covenants that protect against all title defects, including those arising before the grantor acquired title. A special warranty deed limits protection to claims arising only by, through, or under the grantor. Both types allow the grantee to enforce the covenants against the grantor even after the land is transferred to later owners.
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