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Breach of express warranty

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To establish a claim for breach of express warranty, a plaintiff must plead and prove:

  1. The plaintiff purchased a product;
  2. The defendant provided an express warranty by affirmation of fact or promise, or description of the product;
  3. The product failed to conform to the defendant’s affirmation or description; and
  4. The plaintiff suffered damages as a result of defendant’s breach.

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