Product liability based on a breach of warranty theory is a form of absolute or strict liability, and negligence need not be established. Injury or damages, a defective product and proximate causation are required elements of a breach of warranty action. A warranty may be said to be a promise by a manufacturer or a seller to stand behind a product. It is a statement about the integrity of the product and about the warrantor's commitment to correct problems if and when the product fails. The law recognizes two basic kinds of warranties: express and implied.
Express warranties are explicitly offered by manufacturers or sellers to their customers in the course of a sales transaction, amounting to promises and statements made about their products or about their commitment to remedy the defects and malfunctions that some customers may experience.
Implied warranties are unspoken, unwritten promises, created by state law, that go from a seller to his or her customer. Implied warranties are based on the common-law principle of "fair value for money spent." The two types of implied warranties that occur in consumer product transactions are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
Minnesota Disclaimer on Website of Express and Implied Warranties: In Minnesota, there are certain legal requirements and considerations to keep in mind when including disclaimers on websites regarding express and implied warranties. These disclaimers are important for both businesses and consumers to understand the limitations and expectations associated with the use of products or services. Express warranties refer to specific promises made by the seller or manufacturer regarding the quality, performance, or characteristics of a product. Implied warranties, on the other hand, are legal assumptions that certain promises are being made even if they are not explicitly stated. These warranties generally include the implied warranty of merchantability (an assurance that a product is fit for its intended purpose) and the implied warranty of fitness for a particular purpose (a guarantee that a product will work for a specific use). In Minnesota, businesses can include a disclaimer on their website to limit or exclude these warranties, providing certain conditions are met. The disclaimer must be clear, conspicuous, and adequately communicated to the consumers. It should specifically state that any express or implied warranties are disclaimed or excluded to the fullest extent allowed by law. The terms used in the disclaimer should be easily understood by the average consumer, avoiding complex legal jargon. Different types of Minnesota disclaimers that businesses may consider using on their websites include: 1. General Disclaimer: This type of disclaimer covers all express and implied warranties, providing a broad release from any claims related to the product or service. It typically states that the business does not make any warranties, either express or implied, and the consumer assumes all risks associated with the use or reliance on the product. 2. Limited Warranty Disclaimer: This disclaimer acknowledges that the business provides limited warranties for certain aspects of the product or service, but excludes any other implied warranties. It clearly defines the scope and limitations of the limited warranty offered, making it important to understand the specific terms and conditions provided. 3. Sale "As Is" Disclaimer: This type of disclaimer is commonly used in the sale of used or second-hand products. It explicitly states that the product is sold in its current condition and that the seller makes no warranties regarding its quality, performance, or fitness for a particular purpose. Consumers should be made aware that they are assuming all risks associated with such purchases. It is crucial for businesses in Minnesota to consult with legal professionals to ensure that their disclaimers comply with state laws, as the language and requirements may vary. By implementing proper and legally sound disclaimers on their websites, businesses can manage consumer expectations and protect themselves from potential litigation related to express and implied warranties.
