Torts II

Express Warranty

A manufacturer is liable for a breach of an express warranty, even though a consumer purchased the good from a third-party.

For a warranty to be express, the manufacturer must have made a representation of a material quality of the product, on which the consumer relied.

Liability for express warranties is based on the principle that:

  1. The original act of delivering the product is wrong.
  2. The article is not safe for the purposes for which the consumer would ordinarily use it.
  3. It lacked qualities which the manufacturer represented it as having.
  4. The absence of the qualities could not be readily detected by the consumer.

It also must still cause damage.