Contract and warrant law is essential to the smooth and viable operation of a business. Oratto's commercial lawyers can help you negotiate this area of the law with clarity and confidence so that you can ensure your rights are fully upheld.?
Warranties and breach of contract
A warranty is a term found in contract law. It is, by definition, auxiliary to the main contract. This means that it may lay down certain supplementary details regarding the fundamental body of the contract. In the event a warranty is breached, the wronged party is not automatically allowed to terminate the contract; however, if it can be demonstrated that the breach was fundamental to the terms of the contract, it may be possible to claim breach of contract damages.
Within the context of commercial law, a warranty serves as a promise that certain facts, events or services will be provided or as an assurance regarding the value of the service or goods provided.
If you believe that a party related to you has breached its warranty, it is important that you receive legal advice from a commercial lawyer to help you determine the best course of action, including the possibility of a warranty claim.
Claims for breach of warranty must usually be made within six years of the date the contract was breached. As a general rule, when calculating damages for warranty-related breach of contract, courts will look to restore the claimant to the position it would have been in had the contract/warranty been properly performed.
Oratto's breach of warranty lawyers
Oratto's member commercial lawyers includes specialists in breach of contract and breach of warranty claims.
All can advise on rights and responsibilities in relation to a warranty dispute arising from a commercial contract, as well as all the relevant jurisdictional considerations that may stem from your commercial agreement, especially if you have business interests elsewhere in the EU and abroad.
Oratto member lawyers are experienced in advising on various types of commercial contracts, including the following:
- IP licences
- Contracts for the supply of goods and/or services
- Agency and distribution agreements
- Franchise agreements
Let Oratto find a commercial lawyer experienced in your required field so that we can get working for you today. With top-quality advice, ease of contact and timely communication being among our main areas of focus, your commercial agreement needs will be in safe hands.