Chapter 9-21 Breach of Implied Warranty of Professional Services

• Jurisdiction: United States

9-21 Breach of Implied Warranty of Professional Services

9-21:1 Overview

There exist several implied warranties to protect consumers in sales transactions, and a smaller number of implied warranties to protect consumers in service transactions.⁹⁸ However, Texas courts have been reluctant to impose implied warranties against providers of services.⁹⁹

9-21:1.1 Related Causes of Action

Breach of Implied Warranty, Breach of Express Warranty

MUST READ CASE

Murphy v. Campbell, 964 S.W.2d 265 (Tex. 1997)

9-21:2 Expressly Rejected in Texas

The Supreme Court expressly rejected a cause of action for breach of implied warranty of professional services,¹⁰⁰ since the facts which would give rise to such a breach would also give rise to causes of action for professional negligence or breach of con-tract.¹⁰¹ Implied warranties are imposed, however, on the provision of some nonpro-fessional services.¹⁰²

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Notes:

^[98] See Chapter 3.

^[99] Dennis v. Allison, 698 S.W.2d 94, 96 (Tex. 1985) (Ray, J., dissenting).

^[100] Murphy v. Campbell, 964 S.W.2d 265, 268-69 (Tex. 1997).

^[101] Murphy v. Campbell, 964 S.W.2d 265, 269 (Tex. 1997).

^[102] See Melody Home Mfg. Co. v. Barnes, 741 S.W.2d 349, 354 (Tex. 1987) (imposing the implied warranty of good and workmanlike construction on a provider of repair services to existing goods).