A . Under the Code, what constitutes an "express" warranty? How does an express warranty arise? b. Which of the following would be an express warranty? Explain. (1) "This is the best computer available in town." (2) "This car has new brakes." (3) "This
sample is just like the one in the box." (4) "In my opinion, this is a better video recorder than the one made by RCA." (5) "As a mechanic, I think this car is in good running order and should give you no problems for at least three months."
a . An express warranty is an explicit undertaking by the seller with respect to the quality, description, condition, or performability of the goods. It need not arise through words. It can also arise through the showing of a sample or model. It is not necessary that the seller have a specific intention to make a warranty or to use formal words.
b. (1) This is not a warranty. It is mere puffing. (2) This is a warranty that the car does in fact have new brakes. (3) The showing of a sample is an express warranty that the contents of the box conforms to the sample. (4) This is not a warranty. It is a mere statement of opinion and/or puffing. (5) This is a warranty, because it is the statement of opinion of an expert, which is treated the same as a statement of fact.
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