In Florida, express warranties are governed by the Uniform Commercial Code (UCC).  Under the UCC one of the ways in which an express warranty is created is by an affirmation of fact or promise, made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain.  As a result, an express warranty is created that the goods will conform to the seller's promise.  Under the UCC, it is not necessary that the seller use formal words such as "warrant" or "guarantee" or that the seller have a specific mention to make a warranty.  Therefore, if the goods fail to conform to the seller's promise, a breach of warranty will occur.  A seller's breach of an express warranty will give rise to liability for damages for the plaintiff's injuries.

A West Palm Beach breach of warranty lawyer will properly plead a cause of action for the breach of an express warranty under the UCC by assuring that the complaint contains the following allegations:

• Facts in respect to the sale of the goods;
  
  

  Identify the warranty created as being an express warranty;

  Allege facts respecting the creation of such warranty;

  Allege facts respecting its breach;

  Allege the giving to the seller of notice of the breach; and

  Allege the damages sustained by the buyer as the result of the breach.

   

  An express warranty is a term of the parties' contract, thus, whether a seller was negligent in failing to comply with the warranty is irrelevant to the issue of the breach. Therefore, a seller may be held liable for a breach of an express warranty even though his or her inability to honor it was a result of a mistake.

  A cause of action for breach of an express warranty under Florida's UCC may have many complex issues. Therefore, you should consult an experience West Palm Beach breach of warranty lawyer call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Blog for Cause of Action for Breach of Express Warranty

• Establishing a Claim for Breach of Express Warranty

  Description: West Palm Beach Breach of Warranty Lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Library for Cause of Action for Breach of Express Warranty:

• Claim for Breach of Express Warranty | Language that Creates an Express Warranty
  Description: West Palm Beach breach of warranty lawyer | call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
• Establishing Breach of Express Warranty Cause of Action
  Description: West Palm Beach Breach of Warranty Lawyer | Sharmin & Sharmin P.A. 1-800-74-TRIAL

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Frequent Questions for Cause of Action for Breach of Express Warranty:

• Does the creation of an express warranty require specific language?