When a company makes specific promises about a product, California law requires it to stand behind those representations. CACI No. 1230 explains how juries evaluate claims for breach of express warranty when a product fails to perform as promised.
Unlike implied warranties, express warranties arise from affirmative statements, descriptions, samples, or models provided by the seller or manufacturer.
What Is an Express Warranty?
An express warranty is created when a seller or manufacturer represents a product in a specific way—for example, that it is safe, durable, defect-free, or capable of performing a particular function—and the product does not live up to that representation.
Importantly, formal words like “warranty” or “guarantee” are not required. What matters is whether the seller’s words or actions reasonably conveyed a promise about the product.
Full Text of CACI No. 1230
CACI No. 1230. Express Warranty – Essential Factual Elements
[Name of plaintiff] claims that [he/she/nonbinary pronoun/it] was harmed by the [product] because [name of defendant] represented, either by words or actions, that the [product] [insert description of alleged express warranty, e.g., “was safe”], but the [product] was not as represented. To establish this claim, [name of plaintiff] must prove all of the following:
- That [name of defendant]:
- gave [name of plaintiff] a written warranty that the [product] [insert description of written warranty]; or
- made a [statement of fact/promise] [to/received by] [name of plaintiff] that the [product] [insert description of alleged express warranty]; or
- gave [name of plaintiff] a description of the [product]; or
- gave [name of plaintiff] a sample or model of the [product];
- That the [product]:
- did not perform as [stated/promised]; or
- did not meet the quality of the [description/sample/model];
- That [name of plaintiff] took reasonable steps to notify [name of defendant] within a reasonable time that the [product] was not as represented, whether or not [name of defendant] received such notice;
- That [name of defendant] failed to [repair/specify other remedy provided by warranty] the [product] as required by the warranty;
- That [name of plaintiff] was harmed; and
- That the failure of the [product] to be as represented was a substantial factor in causing [name of plaintiff]’s harm.
[Formal words such as “warranty” or “guarantee” are not required to create a warranty. It is also not necessary for [name of defendant] to have specifically intended to create a warranty. But a warranty is not created if [name of defendant] simply stated the value of the goods or only gave [his/her/nonbinary pronoun] opinion of or recommendation regarding the goods.]
New September 2003; Revised February 2005, June 2015
How Juries Evaluate Express Warranty Claims
Under CACI 1230, jurors focus on:
- What representations were made about the product
- Whether those representations were specific and factual, not mere opinion
- Whether the product failed to match those representations
- Whether the buyer gave reasonable notice of the problem
- Whether the failure to perform as promised caused harm
The analysis centers on reliance and performance, not on fault.
Legal Foundation for Express Warranty Claims
California law protects consumers who rely on specific product representations, whether made in writing, verbally, through advertising, or by providing samples or models. Express warranty claims focus on what was promised versus what was delivered, not on negligence or intent.
Courts use CACI No. 1230 to ensure juries apply a consistent framework when evaluating these claims.
Illustrative Example
A manufacturer advertises that a ladder supports a specific weight and provides a product label stating that capacity. If the ladder collapses under normal use well below that limit, a jury may find a breach of express warranty under CACI 1230.
Practical Considerations in Express Warranty Cases
These claims often rely on:
- Written warranties, labels, manuals, or advertising
- Product descriptions on packaging or websites
- Samples or models shown before purchase
- Repair records and warranty service history
Discovery typically focuses on marketing materials and post-sale warranty performance.
Speak With a Consumer Warranty Lawyer
If you were harmed because a product failed to live up to specific promises, you may have a claim under CACI No. 1230. WIN Injury & Accident Trial Lawyers can evaluate your express warranty claim and explain your legal options under California law.
Free consultation. No fee unless we win.
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