Contracts: Contract Terms: Seller's Warranties of Quality under A2

  • Seller’s Warranties of Quality in a Sale of Goods under Article 2


      • BAR TIP: Look first for express & implied warranties, then for disclaimers/limitations.
    • A Seller is liable to a buyer for breach of any express warranty the seller makes.
      • Express warranties = statements of fact, promises and descriptions of the goods.
      • Mere expressions of opinions (vague, general, subjective language) are not express warranties.
        • “This podium is solid mahogany” – Express warranty, statement of fact
        • “This computer is guaranteed for 2 years.” – Express warranty, promise.
        • “All parts are top quality.” – NOT express warranty, merely an expression of sellers opinion
        • Seller’s use of a sample or model – Express warranty. I can reasonable assume that the model is exactly the same as I have been shown.
      • To be actionable, an express warranty must be a basis of the bargain.
    • Implied warranty of merchantability – goods are fit for their ordinary purpose.
      • Arises when SELLER is a merchant who deals in goods of the kind because he has special knowledge about the particular goods involved.
    • Implied warranty of fitness for a particular purpose – goods are fit for the buyer’s special purpose.
      • BUYER has special purpose in mind; buyer is relying on the seller to select suitable goods; and SELLER knows both of these facts (seller does not have to be a merchant).