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Writer's pictureAdam Glassman

The Difference Between Breach of Contract and Breach of Warranty


If you have suffered damages due to someone else’s negligence, the legal world can seem like a needless barrier between you and justice. Even though you might simply want to hold the at-fault party accountable for their actions, you might be confused about where to start. It is easy to get confused, especially when there are certain legal terms that seem quite similar to one another. For example, the terms “breach of contract” and “breach of warranty” actually describe two very different concepts, even though they might sound almost identical to an outsider.


Fortunately, you do not have to worry too much about understanding the difference between terms like these. All you need to do is get in touch with a qualified, experienced attorney who can guide you in the right direction. We will listen to your unique situation and advise you on how to proceed, whether you need to file a lawsuit under breach of contract or a product liability lawsuit under breach of warranty.


Breach of Warranty is Related to Product Liability


You are probably already familiar with the concept of a warranty. When you purchase a product, such as a dishwasher or a new computer, it may come with a warranty. This is the seller’s promise to you that the product will work as intended and as advertised. A warranty is like a contract, even though you never signed on the dotted line. If a product malfunctions and hurts you, you can sue the manufacturer or designer for breach of warranty. This generally falls under the “umbrella” of a product liability claim, although breach of warranty is technically related to breach of contract, as well.


For example, Apple was sued by the Southern District of New York in 2021 after the tech giant was accused of making false and misleading statements about the water-resistance of its mobile phones.


Breach of Contract


Breach of contract is a much more broad legal term that refers to virtually any situation in which one party fails to honor their obligations to another party. This encompasses a wide range of possible situations, including employment contracts, real estate contracts, development contracts, corporate contracts, and much more.


For example, the New York-based real estate companies Compass and Real New York were involved in a legal dispute in 2021 over former employees moving from one company to the other. Real New York alleged that several of its former agents breached their employment contract when they used leads and confidential documents to continue working at their new place of employment at Compass.


Get Help From a Legal Expert Today


If you are serious about taking legal action against the at-fault parties responsible for your damages, your next step should be to get in touch with a qualified attorney in New York. Choose The Glassman Law Group, and you can approach this situation in an effective manner. Do not worry if the legal system seems confusing at first. Book your consultation today, and we can explain everything in a clear, concise manner.

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