Contractual Disputes And Warranty Claims

Contractual Disputes And Warranty Claims

There are two basic types of warranties; express and implied.

An express warranty is a promise expressly made by the seller in a contract. They are usually in writing and specifically incorporated into sale contracts. Express warranties can also be made orally for instance showing a customer the latest television and making certain verbal representations about its features or particular uses for it would be an express warranty as you are assuring the customer that the TV being sold has certain key features.

An implied warranty on the other hand arises from the understanding of the buyer and the nature of the transaction itself. Nothing needs to be specially mentioned in writing or orally for an implied warranty to arise; for example if the seller knew the purpose for which the buyer was purchasing an item, the buyer would assume that the item would be fit for that specific purpose.

Whether you are an individual, entrepreneur, company or partnership, going through a disagreement of this type can be complex and time consuming. This is why it is important you are able to speak to legal experts who can provide all the guidance you need to emerge from a dispute with the result you are after.

A warranty is breached when a statement or set of facts is untrue. Under such circumstances the only remedy available to the innocent party is monetary damages.

Claiming damages is the most common remedy for breach of contract. However, as a warranty is a term of the contract, normal breach of contract considerations will apply. Consequently, a breach of a warranty will only give rise to damages if the buyer can demonstrate that there was a breach which resulted in a loss and that they mitigated their loss or that the loss was not too remote i.e unforeseen by the parties.

“I had both conveyancing and litigation work carried out by Sara and Niall, the service all round was excellent. Would highly recommend!”

– Rajiv Joshi  

The team at Blackstone is highly experienced in dealing with all forms of contract dispute resolution and we always work very closely with clients to ensure we fully understand the issues faced by you or your business. By working together, we can ensure we devise a pragmatic solution that meets your commercial objectives.

Discuss your situation with the team today by calling us on 0345 901 0445. Alternatively, allow us to get in contact with you by filling in the online enquiry form on this page.

For efficient contract dispute resolution, contact Blackstone solicitors on 0345 901 0445.

Different types of corporate and commercial activity

We help clients reach their desired goals in all manner of contract disputes that arise from many different types of corporate and commercial activity. These include:

We can help you today

At Blackstone, we pride ourselves on our tenacious approach to getting the results our clients are after. If you have a contract dispute of any kind, get in touch and find out more about how our expert team can guide you through the process and achieve the best result possible.

We appreciate that contract disputes can be a cause of real stress and strain. However, we can help make the process as hassle free as possible thanks to our professionalism and determination to sort out your issue as quickly as we can.

Get in contact

For more information and to discover more about how we can assist you with your contract dispute, do not hesitate to get in touch. Simply give us a call on 0345 901 0445 and we can run through your situation, or if it is easier for you, fill in our online enquiry form and a member of our team will give you a call back as soon as they can. We take on clients from throughout the UK, and regularly help those based in Manchester, London, Chester and Cheshire.

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