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== Express warranty ==
An express warranty is created when a seller makes a guarantee to the buyer that the product/service being offered has certain qualities. Presenting an express warranty to a customer could potentially give rise to a [[product liability]] claim towards the company due to a marketing defect.<ref name=":0">{{Cite book|last=Siedel|first=George|url=http://worldcat.org/oclc/952595287|title=The Three Pillar Model for Business Decisions : Strategy, Law and Ethics|publisher=Van Rye Publishing, LLC|year=2016|isbn=978-0-9970566-0-0|location=|pages=59-60|oclc=952595287}}</ref> For an express warranty to exist between a seller and a buyer, the following must occur<ref name=":1">{{Cite book|last=Bagley|first=Constance|title=The Entrepreneur's Guide to Law and Strategy|last2=Dauchy|first2=Craig|publisher=Cengage Learning, Inc.|year=2018|isbn=978-1-285-42849-9|edition=Fifth Edition|location=Boston, MA|pages=313-315}}</ref>:
# A statement must be made. This statement could be made by making a promise with the buyer about the product/service being offered, giving the buyer a description of the product/service being offered, or by providing the buyer with a sample of the product/service being offered<ref name=":1" />. Advertisements can also be used as a medium in which express warranties can be created<ref name=":0" />. For there to be an express warranty the seller does not have to express that he/she is making a guarantee or warranty; as long as what is being said is a factual statement and as long as the buyer relied on the facts when deciding to make the purchase, then there exists an express warranty. However, there is no warranty if the seller is simply sharing his thoughts over the product/service that is being offered<ref name=":1" />. Giving an opinion rather than a factual statement; a statement formed subjectively rather than objectively, is known as [[Puffery|puffing.]]<ref>{{Citation|title=Puffing|url=https://legal-dictionary.thefreedictionary.com/Puffing|work=The Free Dictionary|access-date=2020-04-12}}</ref> The act of puffery does not set the grounds for the creation of an express warranty. <ref name=":1" />
# The buyer must have depended on this guarantee (in whichever form it was made) when deciding whether or not to purchase the product/service. If a buyer believes that the product or service purchased does not resemble that which was expressed in the guarantee then the buyer has the option to file for a breach of express warranty. A seller could try to prove that the statements that were made did not play a role in the buyers decision making process. <ref name=":1" />
<u>Example</u>'':'' Sarah needs to purchase a glue for a project. She tells the seller that she needs a glue that works on fabrics as she is working on developing a clothing line and needs to glue certain materials on to different fabrics. Sarah explains the different materials she is trying to glue on to the fabric and the seller hands her a glue stick, assuring that the given glue is able get the job done. When Sarah gets home, she is unable to complete her project because the glue was not properly sticking the materials, causing them to fall right of the fabric.
In this case, there ''is'' an express warranty given the fact that 1) the seller guaranteed that the product had a certain ability and that 2) Sarah relied on this guarantee when making the decision to purchase. Therefore, Sarah ''could'' sue for breach of express warranty and could also file a product liability claim. {{dashboard.wikiedu.org sandbox}}
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