Utah Breach of warranty

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Breach of Warranty

A warranty is a promise or guarantee about the condition or performance of a product.

References Groen v. Tri-O-Inc., 667 P.2d 598 (Utah 1983). Black's Law Dictionary 1618 (8th ed. 2004).

A breach of warranty claim may sound in contract or tort. Notably, under Utah law, the analysis applied to a warranty claim is determined by "the nature of the action and not the pleading labels chosen." Davidson Lumber v. Bonneville Inv., 794 P.2d 11, 14 (Utah 1990) (finding a clear distinction between implied warranties for contract purposes and implied warranties in tort).

Breach of Implied Warranty of Fitness for a Particular Purpose

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

Utah Code Ann. § 70A-2-315