Breach of Warranty
The following is a writing template, also known as a canned answer, of breach of warranty.
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether Defendant is liable for Plaintiff’s injury under a theory of a breach of warranty.
Analysis
1. Did the defendant warrant the the defective product?
R: There are three potential warranties that may be attached to a product: (a) express warranty, (b) implied warranty of merchantability, and (c) implied warranty of fitness for a particular purpose.
a. Was an express warranty breached?
View the rest of this analysis by logging in or signing up.
More templates are in development! With a subscription, you will get (1) immediate access to all restricted templates that are displayed, providing a robust foundation for your legal writing needs; and (2) ongoing updates as new templates are released, expanding your resources over time.
Conclusion
C: Therefore, Defendant [is/is not] liable for Plaintiff’s injury under a theory of a breach of warranty..
Damages
Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
Questions or comments? Reach out at [email protected].