Q&As

Where a contract contains an express warranty period of ten years from the date of supply and there is no express restriction on when a claim must be notified, could a claimant claim at any time? What is the impact of the Limitation Act 1980 on any such claim?

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Published by a LexisNexis Dispute Resolution expert
Published on: 04 April 2017

The research for this Q&A is limited to cover contractual warranties in a supply of goods contract.

Claims for defective products

In an absence of contractual term, an individual who has been supplied goods can claim for defects to those goods which cause personal injury or damage to property through the Consumer Protection Act 1987 (CPA 1987). Such claims are subject to specific limitation provisions as set out in section 11A of the Limitation Act 1980 (LA 1980).

Under LA 1980, s 11A(4), an action for damages for personal injury or loss of or damage to property caused by a defective product is subject to a limitation period of three years from whichever is the later of:

  1. •

    the date on which the cause of action accrued, and

  2. •

    the date of knowledge

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Warranty definition
What does Warranty mean?

A warranty is a contractual promise or assurance made by one party to another regarding the existence of certain facts or conditions, often relating to the quality or functionality of the subject matter of the contract. Though commonly associated with promises made by sellers of goods, warranties can be made in any type of contract. A warranty is considered a term of the contract that is seen as less fundamental than a condition. Breach of warranty entitles the innocent party to claim damages but does not allow them to terminate the contract.

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