Editing Product liability (section)

=====Breach of warranty=====
Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction.  Warranty claims historically required [[privity]] between the injured party and the manufacturer or seller; in [[plain English]], they must be dealing directly with one another. As noted above, this requirement was demolished in the landmark ''Henningsen'' case.

Breach of warranty-based product liability claims usually focus on one of three types:
#Breach of an [[express warranty]],
#Breach of an [[implied warranty]] of merchantability, and
#Breach of an implied warranty of fitness for a particular purpose.
Express warranty claims focus on express statements by the manufacturer or the seller concerning the product (e.g., "This chainsaw is useful to cut turkeys").

The various implied warranties cover those expectations common to all products (e.g., that a tool is not unreasonably dangerous when used for its proper purpose), unless specifically disclaimed by the manufacturer or the seller.  They are implied by operation of law from the act of manufacturing, distributing, or selling the product. Claims involving real estate (especially mass-produced [[tract housing]]) may also be brought under a theory of implied warranty of habitability.