Express Warranties (Sales)

Question 1

Under UCC 2-313(1), for a buyer to recover on an express warranty claim, it must have been part of the_____________. Does the buyer have to prove it relied on the warranty when making the purchase? (Yes/No)

Answer 1

basis of the bargain, NO (buyer must prove the timing/express warranty must have been made part of the bargain

Question 2

Generally, a warranty is

Answer 2

a statement of fact (or a description, model or sample) about a characteristic of the goods and is not a mere opinion, statement of value, prediction, or mere future puffery [or puffing].

Question 3

Is the seller’s statement, “This car is in good mechanical condition,” generally an express warranty?

Answer 3

Yes

Question 4

It’s often said that language is an express warranty if

Answer 4

(i) the statement can be proven true or false, and (ii) it relates to a specific feature or characteristic of the goods.