Is privity required for a breach of express warranty claim in Texas? Serious answers only please!?

Answer 1

Without giving specific legal advice (because I'm not licensed in Texas), my guess is that to be a foreseeable plaintiff and have standing to sue for the breach, either privity or direct comity with someone in privity would be required.

Thus, if my spouse or child bought a product based on an express warranty, and I was injured, I would expect that could give me standing under the breach, even though I personally did not have privity to the sale.


Quoting from the link below:
In the 1970s, several courts held that privity of contract was required in cases involving purely economic losses and express warranties, and these courts have not addressed the issue since that time. Tex. Processed Plastics, Inc. v. Gray Enter., Inc., 592 S.W.2d 412, 415 (Tex. Civ. App.-Tyler 1979, no writ.) ("[I]n situations involving solely economic loss based upon breach of express warranty, privity of contract between the parties is required.").
The more recent trend among courts of appeals, however, has been to find that privity of contract is not required in this situation. Edwards v. Schuh, 5 S.W.3d 829, 833 (Tex. App.-Austin 1999, no pet.) ("Privity is not required to enforce an express warranty under the DTPA.").
We agree with the reasoning of the more recent cases and hold that privity of contract is not required in order to sustain a breach of express warranty claim for purely economic losses. To hold otherwise could allow unscrupulous manufacturers who make public representations about their product's performance to, nevertheless, remain insulated from express warranty liability if consumers did not purchase the product directly from them. See Nobility Homes, 557 S.W.2d at 81-82 (noting possible abuses if privity strictly required); Indust-Ri-Chem Lab., 602 S.W.2d at 287 (applying Nobility Homes policy concerns to express warranties).

Answer 2

each so often i think of maximum adult adult males are sociopaths via lady standards. Or, in assessment, rather autistic (no offense to human beings affected by autism). like the guy who suggested: "I often attempt to no longer get to emotional approximately issues, its in basic terms a buzz kill in my recommendations." chum became basically being basic. Empathy is extra found out than we predict of. Ever seen a new child pull an animal's tail? Or snigger whilst she pushes yet another youngster around, with the aid of fact she`s made some form of effect and have been given a reaction? i think of a good style of adult adult males never advance out of that. it is harder to realize traditionally male targets once you're empathetic. They get punished for it. reason they socialise themselves, with their p.c..-recommendations.