How To Prove A Michigan Breach of Express Warranty Claim

 

 

In Michigan, a claim of Breach of Express Warranty is defined as:

A breach of express warranty occurs when a seller promises that goods will conform to a certain standard, and the promise becomes part of the basis of the bargain, and the defendant does not keep his or her promise.

It simply means:

The product doesn’t conform to the warranty or promises made by the seller.

There are 4 elements of the claim:

• Element 1. The parties had privity of contract. Privity of contract means that the parties involved in the agreement had a direct relationship, allowing them to enforce the terms of the contract and hold each other accountable, which is essential for making a claim about a broken promise regarding a product or service.
  

  Facts that might support this element look like:

  * The plaintiff and defendant entered into a written agreement outlining the terms of the sale of goods, establishing a contractual relationship.
  * The defendant provided a warranty for the goods sold, which was explicitly referenced in the contract signed by both parties.
  * The plaintiff made a purchase directly from the defendant, creating a direct contractual link between them.
  * Both parties engaged in negotiations regarding the terms of the sale, demonstrating mutual assent to the contract.
  * The plaintiff relied on the defendant’s representations about the quality of the goods, which were included in the contract, indicating privity.

• Element 2. The seller made an affirmation of fact or promise to the buyer relating to the goods, which became part of the basis of the bargain. The seller made a specific statement or promise about the product that the buyer relied on when deciding to make the purchase, which is a key part of proving a breach of express warranty claim.
  

  Facts that might support this element look like:

  * The seller explicitly stated that the product was “100% waterproof” during the sales pitch, influencing the buyer’s decision to purchase.
  * The seller provided a written guarantee that the item would last for at least five years under normal use, which the buyer relied upon.
  * During negotiations, the seller promised that the product would meet specific performance standards, which were crucial to the buyer’s needs.
  * The seller advertised the goods as “the best in the market” and assured the buyer of their superior quality, impacting the buyer’s choice.
  * The buyer was shown a sample that the seller claimed was representative of the final product, leading to the buyer’s reliance on that representation.

• Element 3. The seller provided a description of the goods that became part of the basis of the bargain. In a Breach of Express Warranty Claim, this means that the seller made specific promises or descriptions about the product that influenced the buyer’s decision to purchase, and if those promises turn out to be false, the buyer may have a legal claim against the seller.
  

  Facts that might support this element look like:

  * The seller explicitly stated that the product was made from 100% organic materials in the promotional materials.
  * The buyer relied on the seller’s detailed description of the product’s features when making the purchase decision.
  * The seller provided a written guarantee that the goods would meet specific performance standards outlined in the product brochure.
  * The seller’s advertisement included testimonials highlighting the unique qualities of the goods, influencing the buyer’s expectations.
  * The seller assured the buyer that the product was free from defects and would function as described in the sales agreement.

• Element 4. The breach caused damages to the plaintiff. The breach caused damages to the plaintiff means that because the seller didn’t keep their promise about the product, the buyer suffered financial losses or harm, showing that the broken guarantee directly affected them negatively.
  

  Facts that might support this element look like:

  * The plaintiff relied on the express warranty when purchasing the product, believing it would perform as promised.
  * After using the product, the plaintiff experienced significant malfunctions that rendered it unusable.
  * The plaintiff incurred additional costs for repairs and replacements due to the product’s failure to meet the warranty terms.
  * The plaintiff suffered lost income as a direct result of the product’s inability to function as warranted.
  * The breach of warranty led to emotional distress for the plaintiff, who experienced frustration and inconvenience.

^{(See Spence v. Three Rivers Builders & Masonry Supply, Inc., 90 N.W.2d 873 (Mich. 1958). Pidcock v. Ewing, 435 F. Supp. 2d 657 (E.D. Mich. 2006).)}
If you’re in court without a lawyer and plan to assert a Claim of Breach of Express Warranty, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively advocate for your rights.

Prove Your MI Breach of Express Warranty Claim

U.S. Civil Cases Only