Question 1

What's the difference between breach of warranty and breach of contract?

Accepted Answer

A breach of contract is a failure to perform an obligation — you didn't deliver the work, didn't pay on time, or didn't show up. A breach of warranty is a false representation — you said the product was certified, but it wasn't. The distinction matters for damages: breach of contract damages are based on what performance would have been worth. Breach of warranty damages are based on the difference between what was promised and what was delivered.

Question 2

Can I sue for breach of warranty if there's a warranty disclaimer?

Accepted Answer

It depends on what was disclaimed. A general 'as is' disclaimer may eliminate implied warranties but can't undo express warranties — specific promises the seller made. If the seller told you in writing 'this equipment processes 500 units per hour' and it only does 200, the express warranty claim survives most disclaimers. Always read the disclaimer alongside the specific warranties in the contract.

Question 3

How long do I have to bring a breach of warranty claim?

Accepted Answer

It depends on the jurisdiction and the type of warranty. Under the UCC, the statute of limitations for warranty claims on goods is typically 4 years from delivery. For services, it varies by state. Some contracts include their own claims deadlines that may be shorter. The clock usually starts when the breach is discovered (or should have been discovered), not when the contract was signed.

Question 4

What damages can I recover for breach of warranty?

Accepted Answer

The standard measure is the difference in value between what was warranted and what was actually delivered, plus consequential damages (losses that flow naturally from the breach). If software was warranted to handle 10,000 users but crashes at 2,000, damages include the cost of alternative solutions, lost revenue during downtime, and migration costs. Some contracts cap warranty damages — check the limitation of liability clause.

Question 5

Is breach of warranty the same as misrepresentation?

Accepted Answer

They're related but legally distinct. A warranty is a contractual promise — breach gives you contract remedies. Misrepresentation is a false statement that induced you to enter the contract — it can give you tort remedies, including the right to rescind the contract entirely. Misrepresentation can also support fraud claims with punitive damages, which breach of warranty typically cannot. If the false statement appears in the contract, you may have both claims.

Question 6

Do breach of warranty claims require proof of intent?

Accepted Answer

No. Warranty claims are strict liability — the warranty was either true or it wasn't. You don't need to prove the other party knew the warranty was false or intended to deceive you. This makes warranty claims easier to prove than fraud claims. Even a seller who genuinely believed their product met the warranted specifications is liable if it doesn't.

Breach of Warranty

Definition

In Practice

Common in these contract types

Related terms

Related articles

Frequently asked questions about breach of warranty

Create a contract with proper breach of warranty clauses