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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