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Chapter 14

WARRANTIES


ChapterScope

This chapter covers provisions of the UCC that govern certain express and implied guarantees made by a seller of goods to a buyer, called “warranties.” Key concepts:

  • Express warranties: A seller will be found to make an express warranty if she makes an explicit promise that the goods will have certain qualities. Such a warranty can take the form of: (1) an affirmation of fact or promise; (2) a description of the goods; or (3) a sample or model upon which the buyer relies.
  • Implied warranty of merchantability: A merchant is normally held to make an implied warranty of merchantability as to the goods she sells, that is, an implied promise that the goods are “fit for the ordinary purposes for which such goods are used.”

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