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Contracts âą Terms of the Contract
K#098
Legal Definition
Keep an eye out for words that promise, describe, or state facts, as well as any samples or models and determine whether such promises form part of the basis of the bargain. Distinguish it from general sales talk.
Plain English Explanation
Identifying an express warranty is all about spotting those statements or promises that go beyond just fluff. Examples include:
(1) Promises: If the seller makes a specific promise about the goodsâlike, âThis phone has a battery life of 12 hours,ââthatâs an express warranty. It's a commitment that the product will meet certain standards.
(2) Descriptions: Anything that describes the goods in a factual way can also create an express warranty. For example, if a car is described as having a âV6 engine,â thatâs not just a sales pitchâitâs a specific fact the buyer is counting on.
(3) Samples or Models: If a seller shows you a sample or model, they are essentially saying, âThis is what youâll get.â If the actual product doesnât match the sample, the seller has breached the express warranty.
But be careful to distinguish these from general sales talk (often called âpufferyâ), which is more like an opinion or hype. Saying âThis is the best pizza in town!â is just a subjective statement and doesnât create a warranty.
The key is whether these promises or descriptions were part of the basis of the bargainâmeaning the buyer relied on them when deciding to make the purchase. If they did, then you've got yourself an express warranty.
(1) Promises: If the seller makes a specific promise about the goodsâlike, âThis phone has a battery life of 12 hours,ââthatâs an express warranty. It's a commitment that the product will meet certain standards.
(2) Descriptions: Anything that describes the goods in a factual way can also create an express warranty. For example, if a car is described as having a âV6 engine,â thatâs not just a sales pitchâitâs a specific fact the buyer is counting on.
(3) Samples or Models: If a seller shows you a sample or model, they are essentially saying, âThis is what youâll get.â If the actual product doesnât match the sample, the seller has breached the express warranty.
But be careful to distinguish these from general sales talk (often called âpufferyâ), which is more like an opinion or hype. Saying âThis is the best pizza in town!â is just a subjective statement and doesnât create a warranty.
The key is whether these promises or descriptions were part of the basis of the bargainâmeaning the buyer relied on them when deciding to make the purchase. If they did, then you've got yourself an express warranty.
Hypothetical
Hypo 1: Bob weighs 500 pounds and wants to get some exercise. He decides to go buy a bike from Sam who owns a bike ship. After squeezing through the door, Bob sees a bike that he wants. The sticker says, "Not intended for riders over 500 pounds." Bob thinks, "Great! I'm exactly 500 pounds." He buys the bike and rides it out of the shop. About 5 minutes into his ride, the bike crumples beneath him and falls apart under the strain of his mass. Result: The sticker would be an express warranty that the bike can handle riders who are not "over 500 pounds." Since Bob is exactly 500 pounds, the bike should have been able to support him. This is a breach of an express warranty.
Visual Aids
Related Concepts
Does the Parol Evidence Rule allow evidence of defenses to enforcement?
How does a limitation on remedies affect warranties?
How do you determine who is liable for risk of loss?
How is the Parol Evidence Rule handled under UCC?
Under the Parol Evidence Rule, is parol evidence admissible to clarify ambiguities?
Under the Parol Evidence Rule, what is the effect of a clerical mistake in integration?
Under the Parol Evidence Rule, what is the effect of changing or contradicting terms in a written deal?
Under the Parol Evidence Rule, when are conditions precedent admissible?
Under the Parol Evidence Rule, when will a court allow terms to be added to a written deal?
Under the UCC, how is privity a limitation on warranty liability?
Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is FOB (Free on Board)?
Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is FAS (Free Alongside)?
Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is CIF (Cost, Insurance, and Freight) and CF (Cost and Freight)?
Under the UCC, what is the effect of a buyer examining goods before acceptance?
Under the UCC, what is the statute of limitations on warranties of quality?
Under the UCC, when does risk of loss pass to which party when using a non-common carrier?
Under the UCC, which warranties can be disclaimed?
What are destination contracts?
What are shipment contracts?
What are the default warranties of quality available under the UCC?
What is a merger clause?
What is an implied warranty of fitness for a particular purpose?
What is an implied warranty of merchantability?
What is an integration?
What is a partial integration?
What is parol evidence?
What is the Parol Evidence Rule?
When may conduct be a source of contract terms?
