Before the issue of the offence can be assessed, the judge must decide whether there is a guarantee and, if so, the extent of the guarantee. There are two basic types of safeguards: the unspoken guarantees provided by U.S. law could extend over a longer period of time. However, most states allow written guarantees to include clauses limiting these unspoken guarantees to the same period as the written guarantee. [30] A first basis for valuation in product liability theory is the breach of the warranty. There are two types of guarantees: explicit and tacit. In the implied category, three main subtypes are: the tacit guarantee of market cash (given only by traders), the tacit guarantee of adequacy to a specific purpose and the implied guarantee of ownership. There are a number of problems with the use of the guarantee theory: There must be a sale of the goods; The applicant prescribed the action; the applicant informs the seller within a reasonable time. The seller may, as part of the restrictions imposed by the Magnuson-Moss Act, limit or exclude explicit guarantees, or limit or exclude implicit guarantees. The privilege or absence between the buyer and the seller has been significantly eroded as a restriction in the guarantee theory, but a lack of privity may still affect the plaintiff`s recovery; the applicant`s risk management in the event of the use of defective goods may exclude recovery. A situation in which the effect of a time-limited warranty differs from that of a performance guarantee is when the delay exceeds the normal life of the product. If a coat is designed for two years, but has a 10-year warranty on material and processing defects, a buyer who wears the coat for 3 years and is then depleted would not be able to recover the warranty.

But it is different from a 2-year warranty, because if the buyer starts wearing the coat 5 years after the purchase, and finds that it wears out a year later, the buyer would be entitled to a guarantee in 6 years. On the other hand, a 10-year guarantee would promise that the mantle would last 10 years. In order to protect consumers and buyers, legislators and courts have increasingly developed “implicit” or legal theories of guarantees that require a certain minimum of benefits, even if the parties themselves have not accepted a guarantee or are even considering granting a guarantee.