Breach of Express Warranty as a Cause of Action in New York

When a seller makes a clear promise or assurance about the quality or performance of a product or service, that promise may become an express warranty. If the product or service fails to live up to that promise, the buyer may have a legal claim for breach of express warranty. In New York, this cause of action is grounded in contract law and requires the plaintiff to prove specific elements in order to succeed.

A Contract Existed Between Plaintiff and Defendant

The first requirement is that the plaintiff and defendant had a contract. This contract could be for the sale of goods, services, or a combination of both. The agreement does not have to be in writing, but it must be clear that there was a deal between the two parties involving a specific transaction. Without a contract, there can be no warranty to enforce.

This element sets the stage for the legal relationship. It ensures that the defendant actually had an obligation to the plaintiff at the time the warranty was made.

The Contract Contained an Express Warranty About a Material Fact

The second element is the existence of an express warranty. This means that the defendant made a specific statement or promise about the product or service that relates to an important fact, something that a reasonable buyer would care about. Common examples include claims like “this engine will last 100,000 miles” or “these windows are hurricane-proof.”

The warranty must be more than general marketing or opinion. It must be a concrete statement that can be measured or verified. Vague praise like “best in the business” is usually not enough.

The Express Warranty Was Part of the Basis of the Bargain

Next, the plaintiff must show that the warranty influenced their decision to enter into the contract. In other words, the plaintiff relied on the express promise when agreeing to the deal. If the warranty was made after the sale or was unrelated to the purchase decision, it will not satisfy this requirement.

This ensures that the promise was not just an afterthought, but a meaningful part of the transaction.

The Express Warranty Was Breached

Finally, the plaintiff must show that the defendant failed to honor the warranty. This happens when the product or service does not perform as promised or turns out to be different from what was assured. For instance, if a seller guarantees that a machine will function in freezing temperatures and it does not, that may be a breach.

The failure must be linked directly to the specific promise made, not just general dissatisfaction.

Conclusion

Breach of express warranty is a powerful tool that allows buyers to hold sellers accountable for specific promises about their products or services. In New York, the claim requires proof of a contract, a clear and material promise, reliance on that promise, and a failure to deliver as promised. This cause of action ensures that parties are held to their word and that buyers can seek justice when they receive less than what was guaranteed.

Find the Law

To state a claim for breach of express warranty, plaintiff must allege that “(1) plaintiff and defendant entered into a contract; (2) containing an express warranty by the defendant with respect to a material fact; (3) which warranty was part of the basis of the bargain; and (4) the express warranty was breached by defendant.” LaSalle Bank Natl. Assn. v Merrill Lynch Mtge. Lending, Inc., 2007 WL 2324052, at *8, 2007 US Dist LEXIS 59303, *23 (SD NY 2007) (internal quotations and citation omitted).” SKAE POWER SOLUTIONS, LLC v. RAE CORPORATION, 2011 N.Y. Slip Op. 32856, 7-8 (N.Y. Sup. Ct. 2011)