Breach of Warranty

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Term: Breach of WarrantyDefinition: A failure to fulfill the terms of a promise, claim, or representation made by a seller to a buyer concerning the quality or type of product, which in this context can relate to asbestos-containing products.Phonetic Pronunciation: (BREECH of WAR-un-tee)Origin: The term "warranty" derives from the Old French "warantie," meaning a protection or defense, which itself comes from the Frankish "*warjan," meaning to warrant or guarantee. The concept of breach of warranty has been a part of legal systems since medieval times, evolving to include consumer protections.Significance in Asbestos Context: In asbestos litigation, breach of warranty claims can be pivotal when manufacturers or suppliers of asbestos-containing products fail to meet the promised standards of safety or quality. This legal action can provide a pathway for victims to seek compensation for injuries caused by defective asbestos products.Example Sentence: The plaintiff argued that the defendant's breach of warranty regarding the safety of their asbestos insulation led to his mesothelioma diagnosis.Related Terms: Product Liability, Negligence, Strict Liability, Express Warranty, Implied WarrantyNotes: - Breach of warranty can be either express or implied, depending on whether the warranty was explicitly stated or assumed by law. - In asbestos cases, proving that a warranty was breached often involves demonstrating that the product did not meet the safety standards claimed or expected. - Warranty breaches may overlap with other legal theories like negligence or strict liability in asbestos litigation.