What is BREACH OF WARRANTY? Definition of BREACH OF WARRANTY in Black's Law Dictionary is
In real property law and the law of insurance. The failure or falsehood of an affirmative promise or statement, or the nonperformance of an executory stipulation. Stewart v. Drake, 9 N.J.Law, 139.
Failure of insured to disclose trivial and temporary disorders. Franklin Life Ins. Co. v. Critz, C.C.A.Miss., 109 F.2d
417. As used in the law of sales, "breach of warranty," unlike fraud, does not involve guilty knowledge, Anglo California Trust Co. v. Hall, 211 P. 991, 993, 61 Utah, 223, and rests on contract, Oelwein Chemical Co. v. Baker, 204 Iowa, 66, 214 N.W. 595, 596. Falsity of statements incorporated into fidelity bond. City Bank & Trust Co. v. Commercial Casualty Co., La.App., 176 So. 27, 30.
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