Since negligence is not an element of an action based on breach of warranty, it would seem that contributory negligence, as such, would not be a defense in such an action.

• 因为过失不是依据违反担保理论提起的诉讼的构成要素，所以过失分担原则在这类诉讼中不能成为当事人抗辩的理由。