What is the difference between an express warranty and an implied warranty?

The distinction between an express warranty and an implied warranty is fundamental in commercial transactions and can significantly impact the rights of parties in a contract.

An express warranty is created when a seller explicitly states certain facts or promises about a product, either through written or spoken affirmations. This could include specific claims about the product's features, quality, or performance. The key aspect of an express warranty is that it is clearly articulated by the seller, leaving no ambiguity about the expectations created by those representations.

On the other hand, an implied warranty arises by operation of law, meaning it automatically exists in certain contexts regardless of whether any affirmative statements have been made by the seller. For example, the implied warranty of merchantability ensures that goods sold are of a minimum standard of quality and are fit for the ordinary purposes for which such goods are used. This does not require the seller to make explicit claims; the warranty exists simply because of the nature of the sale and the transaction.

Understanding this difference is crucial, as it defines the obligations of sellers and the protections afforded to buyers. Express warranties require sellers to uphold the specific claims they've made, while implied warranties create baseline expectations for product quality and functionality. This distinction helps consumers seek remedies for product deficiencies, depending on the type