Question

What are the general problems with the warranty theory?

Answer 1

The general problems with the warranty theory are following four problems:-

• The pretender must prove that there was a sale.
• The sale was of goods rather than real estate or services.
• The action must be brought within the four-year statute of limitations, when the tender of delivery is made, not when the plaintiff discovers the defect.
• Under UCC,which covers leases, the claimant who fails to give notice of breach within a reasonable time of having accepted the goods will see the suit dismissed, and few consumers know enough to do so, except when making a complaint about a purchase of spoiled milk or about paint that wouldn’t dry.

Also the claimant faces additional problems from warranty theory, those are following in the below:-

1) Exclusion or Modification of Warranties,

2) Exclusion of Express Warranties,

3) Exclusion of Implied Warranties in General,

4) Implied Warranty of Fitness,

5) Implied Warranty of Merchantability, etc.