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Friday 13 September 2013

Express Warranties

Express Warranties
Can be oral or written-- don’t have to use the words “warrant” or “guarantee.”
§ Any Affirmation or Promise.
§ Any Description.
§ Any Sample or Model.
To create an express warranty, the affirmation of fact must become the “basis of the bargain.”
And Buyer must rely on warranty when he enters into contract.
Case 23.1: Genetti v Caterpillar Inc (1999).
Statements of Opinion and Value.
§ Generally excludes “puffing” – “Best car in town”, not an express warranty.

§ However, expert opinion is not puffery. 

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