- the seller does not have to use the word or “warranty” “guarantee” - Factual statement vs. or opinion (“This car is great!”) “puffing” - statement must relate to the quality or attributes of the goods (2) the factual promise was part of the of the bargain” “basis - Three views: 1. buyer must have relied on the seller’s factual promise 2. means that the affirmations were made by the seller sometime before the sale of the goods took place 3. intermediate approach: creates a presumption that can be rebutted by the seller that the buyer did not rely on the statements (3) the failure of the good to live up to the representations of the seller caused the buyer’s damage UCC 2-314 (Implied Warranty of Merchantability) (1) the seller of the good was a with respect to the goods “merchant” sold - available to both consumer and merchant buyers (2) the goods sold by the seller were not “merchantable” - without objection in the “pass - average quality” “fair - for ordinary purposes for which they are used” “fit - prior dealing - can have an implied warranty if the seller had provided higher quality in the past even if the goods are of average quality” “fair (3) the breach caused the buyer’s damage UCC §2-315 (Implied Warranty of Fitness for a Particular Purpose) - not limited to merchant sellers - some court limit this to cases where the goods are used for unusual purposes
- the seller does not have to use the word “warranty” or “guarantee” - Factual statement vs. “puffing” or opinion (“This car is great!”) - statement must relate to the quality or attributes of the goods (2) the factual promise was part of the “basis of the bargain” - Three views: 1. buyer must have relied on the seller’s factual promise 2. means that the affirmations were made by the seller sometime before the sale of the goods took place 3. intermediate approach: creates a presumption that can be rebutted by the seller that the buyer did not rely on the statements (3) the failure of the good to live up to the representations of the seller caused the buyer’s damage UCC 2-314 (Implied Warranty of Merchantability) (1) the seller of the good was a “merchant” with respect to the goods sold - available to both consumer and merchant buyers (2) the goods sold by the seller were not “merchantable” - “pass without objection in the - “fair average quality” - “fit for ordinary purposes for which they are used” - prior dealing - can have an implied warranty if the seller had provided higher quality in the past even if the goods are of “fair average quality” (3) the breach caused the buyer’s damage UCC §2-315 (Implied Warranty of Fitness for a Particular Purpose) - not limited to merchant sellers - some court limit this to cases where the goods are used for unusual purposes