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:
- The original act of delivering the product is wrong.
- The article is not safe for the purposes for which the consumer would ordinarily use it.
- It lacked qualities which the manufacturer represented it as having.
- The absence of the qualities could not be readily detected by the consumer.
It also must still cause damage.