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Holy Lock Distributors5/1/2000
ttorneys. Attorneys would be held strictly liable for failing to satisfy the alleged warranty, no matter how much care, skill, knowledge, and diligence was exercised in attempt to achieve the result. An express warranty cause of action would also adversely affect the attorney-client relationship by inhibiting the frank discussion between attorney and client concerning the merits of the case. The fear of an express warranty claim would discourage attorneys from advising clients of the potential for victory in their case because this advice might be construed as a guarantee or a warranty.
In South Carolina, the cases that have recognized an express warranty to obtain a specific result involving a professional are those where a product or some other tangible item is involved, such as dentures and architectural plans or specifications. See Tommy L. Griffin Plumbing & Heating Co. v. Jordan, Jones & Goulding, 320 S.C. 49, 463 S.E.2d 85 (1995) (holding an engineer can be liable to a contractor for breaching an implied warranty that the plans and specifications were sufficient for purpose in view); Beachwalk Villas Condominium Ass'n, Inc. v. Martin, 305 S.C. 144, 406 S.E.2d 372 (1991) (holding an architect can be liable for breach of an implied warranty even though no privity exists between the architect and the home buyer); Burns v. Wannamaker, 281 S.C. 352, 315 S.E.2d 179 (Ct. App 1984), affirmed as modified 288 S.C. 398, 343 S.E.2d 27 (1985). In Burns; the Court of Appeals held "that an express pre-treatment warranty to effect a particular result can be extended in South Carolina by a dentist." Burns, 281 S.C. at 353-354; 315 S.E.2d at 180. The Court of Appeals found that the dentist made express warranties as to the manufacture and fit of dentures. Id. Although there were no South Carolina cases that addressed this issue, the Court of Appeals found there was no reason why a dentist could not enlarge his responsibilities and contract as he sees fit. Id. at 354-355, 315 S.E.2d at 181 (citations omitted); see also Banks v. Medical Univ. of South Carolina, 314 S.C. 376, 444 S.E.2d 519 (1994) (recognizing a patient's right to recover for the breach of an express pre treatment warranty to effect a particular result, but denying a patient's right to recover for the breach of an implied contract arising from a failure to provide adequate medical treatment). However, the facts of Burns are distinguishable from the instant case because the express warranty involved dentures, a product, not just the dentist's professional services.
CONCLUSION
Based on the foregoing, the Court of Appeals is reversed.
MOORE, WALLER, BURNETT, JJ., and Acting Justice Diane Schafer Goodstein, concur.
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