Warranty

A guarantee of certain facts, e.g., the quality of a product, its fitness for a certain purpose, its legal status (e.g., non-infringing), etc. When included in a contract, breach of warranty allows the warrantee to sue the warrantor for damages. Warranties are frequently combined with representations in a contract. See Representations, Indemnity.

In English law and that of many common law jurisdictions a warranty is different from a ‘condition‘ and a disclaimer of implied or statutory warranties alone is not enough to disclaim statutory or implied conditions. In general terms, under the Sale of Goods Act 1979, the description of goods and their quality and fitness for purpose are usually regarded as ‘conditions.’ The buyer’s subsequent ability to ‘enjoy’ or use the goods tends to be seen as a warranty, i.e., the warranty of ‘quiet enjoyment’ or that the goods are free from undisclosed claims. The details turn very much on case law and the language of the contract. The breach of a condition allows the aggrieved party the right to terminate the contract and seek damages, while the breach of a warranty normally allows the aggrieved party only to claim damages.