Breach of Warranty

The following is a writing template, also known as a canned answer, of breach of warranty.

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether Defendant is liable for Plaintiff’s injury under a theory of a breach of warranty.

Analysis

1. Did the defendant warrant the the defective product?

R: There are three potential warranties that may be attached to a product: (a) express warranty, (b) implied warranty of merchantability, and (c) implied warranty of fitness for a particular purpose.

a. Was an express warranty breached?

R: An express warranty is a guarantee made by a seller about a product that forms part of the basis of the bargain.

A: Here, [apply rule to facts].

C: Therefore, Defendant [expressly warranted/did not expressly warrant] the defective product.

b. Was the implied warranty of merchantability breached?

R: The warranty of merchantability ensures that the product being sold is generally acceptable and reasonably fit for the ordinary purposes for which it is sold. The seller must be a merchant with respect to the kind of goods at issue.

A: Here, [apply rule to facts].

C: Therefore, the implied warranty of merchantability [applies/does not apply] the to defective product.

c. Was the implied warranty of fitness for a particular purpose breached?

R: The Warranty of Fitness for a Particular Purpose guarantees that a product is fit for a particular purpose if (1) the seller knows the particular purpose for which the product is being purchased and (2) the buyer relies on the seller’s skill or judgment in supplying the product.

A: Here, [apply rule to facts].

C: Therefore, the implied warranty of fitness for a particular purpose [applies/does not apply] the to defective product.

2. The the defendant breach a warranty?

R: A product that fails to meet the above warranties constitutes a breach of the defendant’s warranty.

A: Here, [apply rule to facts].

C: Therefore, Defendant breached [].

Conclusion

C: Therefore, Defendant [is/is not] liable for Plaintiff’s injury under a theory of a breach of warranty..

Damages

R: If any of the above warranties are breached, the buyer may recover damages for personal injury and property damage. Additionally, the buyer may recover purely economic loss if an implied warranty was breached.

A: Here, [apply rule to facts].

C: Therefore, Plaintiff may recover [].

Disclaimers

R: A defense based on disclaimers will generally be unsuccessful. In consumer goods cases, any limitation of consequential damages for personal injury is considered unconscionable. Furthermore, disclaimer clauses that conflict with express warranties are ignored. For express warranties, a disclaimer is valid only if it is consistent with the warranty, which it usually is not.

A: Here, [apply rule to facts].

C: Therefore, Defendant [may/may not] avoid liability by way of a disclaimer.

b. Assumption of Risk
The plaintiff’s unreasonable and voluntary encounter with a known product risk affects recovery in the same way as in a strict product liability claim.

c. Comparative Fault
In most comparative fault jurisdictions, recovery based on warranty claims is reduced in the same manner as for strict product liability claims.

d. Contributory Negligence
In contributory negligence jurisdictions, most courts hold that contributory negligence does not bar a plaintiff’s warranty claim except when the plaintiff assumes the risk.

e. Comparative Negligence
Most courts find that product misuse prevents recovery under the implied warranty of merchantability when the product is warranted to be fit for ordinary purposes.

f. Failure to Provide Notice
A warranty claim generally fails if the plaintiff does not provide the seller with notice of the breach of warranty within the statutorily required time period or within a reasonable period.

Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

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