Privity and Reliance as it Relates to Express Warranty
Jeff Harmeyer filed a Petition for Review with the California Supreme Court in Hardage Hotels v. First Co. based on legal issues surrounding the enforcement of express warranties. Through the Petition, Mr. Harmeyer argues that privity and reliance do not apply in the analysis of enforcement of an express warranty. Although privity is required for implied warranties, it is not a requirement for an action based on express warranty. Through the Petition, Mr. Harmeyer reveals the significant confusion in California law, and the recognition of this confusion in recent Federal Court cases. Mr. Harmeyer shows that inartful language utilized in early cases, that referred to express and implied warranties together, is the genesis of this confusion. Regurgitation of this inartful language through decades of case law perpetuates the problem.
For more detailed information on privity in the context of express warranty, read the Petition in full here.