term collateral to the main purpose of the contract. A warranty is a
less important promise of a contract and breach will not repudiate
the contract - compare with a term or condition. If a party
to the contract breaches a warranty the contract will not be
rescinded but the innocent party may claim damages.
the term of the contract is a warranty the innocent party may sue for
damages for breach of warranty but cannot repudiate the contract
- see term, condition. Whether or not the promise is a term or
warranty will depend on the intention of the parties to the contract.
The remedy for a breach of warranty may be stated in the contract.
See breach of contract