MBE Rules · Contracts
Express Warranties
UCC §2-313
The rule
Affirmations of fact, promises, descriptions, and samples that become part of the basis of the bargain create express warranties; puffery and opinion do not.
In plain English
Express warranties are specific promises or affirmations made by a seller about a product that form part of the agreement between the buyer and seller. These can include factual statements, descriptions, or samples that the buyer relies on, but mere opinions or exaggerated claims (known as puffery) do not count as express warranties.
Worked example
A car dealership advertises a vehicle as having 'the best fuel efficiency in its class' and provides a sample showing its mileage. When the buyer discovers that the car does not perform as advertised, they can claim a breach of express warranty based on the dealership's specific affirmations. The outcome is that the buyer may be entitled to a remedy for the breach.
Memory hook
Express warranties are promises you can count on, not just sales talk.
The trap
Exams often include statements that sound like warranties but are actually puffery, tricking students into misidentifying them as express warranties. Students must carefully distinguish between factual affirmations and mere opinions.
How examiners test it
Questions typically present a scenario where a seller makes various claims about a product, requiring candidates to identify which statements constitute express warranties and which do not.
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