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Express Warranties

Learn about the ways in which an express, contractual warranty can arise in Article 2.

Transcript

A warranty is both a representation of fact and a binding contractual covenant. That is, the warrantor represents that things are a certain way, and if they aren’t, the warrantor is in breach.

Article 2 recognizes two types of warranties: express and implied. In this lesson, we’ll focus on express warranties.

I. Creation of an Express Warranty

In contrast to implied warranties, which we’ll discuss in another lesson, express warranties aren’t automatically implied by the operation of law. Rather,...

Lessons

1. Welcome to Sales
  • Welcome to Sales
2. Introduction to UCC Article 2
  • Scope of Article 2: Transactions in Goods
  • Distinguishing Goods and Services Contracts
  • Key Terms in Article 2
3. Contract Formation and Modification
  • Contract Formation and Modification
  • Battle of the Forms
  • The Statute of Frauds
  • The Parol Evidence Rule
4. Contract Interpretation
  • Article 2 Gap-Fillers
  • Risk of Loss
  • Additional Interpretive Devices
5. Performance
  • The Perfect-Tender Rule and the Right to Cure
  • Inspection and Acceptance
  • Rejection and Revocation
6. Breach, Repudiation, and Excuse
  • Anticipatory Repudiation
  • Adequate Assurance
  • Impracticability of Performance
7. UCC Article 2 Warranties
  • Express Warranties
  • Implied Warranty of Merchantability
  • Implied Warranty of Fitness
  • Excluding and Modifying Warranties
8. Remedies
  • Seller's Remedies
  • Seller's Alternative Remedies
  • Buyer's Remedies for Nondelivery
  • Buyer's Remedies for Accepted Goods
  • Buyer's Incidental and Consequential Damages