Breach of Warranty Allegations in Commercial Litigation Cases
(Express Warranty; Warranty of Merchantability, Fitness for a Particular Purpose, and Title)

Summary

These breach of warranty allegation clauses can be used in a complaint when asserting a breach of warranty claim. This clause includes practical guidance, drafting notes, and an alternate clause. A breach of warranty claim may be available with respect to goods or services provided to a client. There usually must be privity of contract to assert a warranty claim, meaning that only those parties to a sales or services agreement will have a potential claim. Courts routinely reject warranty claims when there is no privity between the plaintiff and the defendant that sold the subject product or service (however, a claim may still be available when it involves personal injuries). These clauses provide for causes of action based on a breach of an express warranty, as well as claims founded on breach of the implied warranties of merchantability, fitness for a particular purpose, and warranty of title. For additional information, see and Commercial Litigation Causes of Action, Commercial Dispute Avoidance and Management, Uniform Commercial Code Article 2 Express Warranties, Uniform Commercial Code Article 2 Implied Warranties, and Commercial Agreement Representations, Warranties, Covenants, Rights, and Conditions.