Question

In: Accounting

In a sale of goods, which of the following would, LEAST LIKELY, create an EXPRESS WARRANTY...

In a sale of goods, which of the following would, LEAST LIKELY, create an EXPRESS WARRANTY under Section 2-313 of the U.C.C.:

Solutions

Expert Solution

Express warranties by the sellerare created as follows:

  • (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goodsand becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
  • (b) Any description of the goodswhich is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.
  • (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

(2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goodsor a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.


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