Nature of the Problem - What Is Warranty

The ability of the common law to adopt desirable revisions of established legal principles, and yet to maintain stability, has been the basis of its strength as a world legal system. It certainly is desirable to continue the legal principles of express warranty, as defined by the common law, and to hold liable in tort one who induces a sales transaction to his benefit by direct (and untrue) statements to the buyer as to the quality or desirability of the goods sold. It is sound law and logic to permit an action for damages by virtue of the buyer's reasonable reliance upon such representations which prove to be untrue. Certainly modern methods of doing business have removed from the law of express warranty the need to find "privity" between the parties to a modern purchase by a consumer of a product "sold" by modern advertising and merchandising methods.