Express Warranties. Ronald Anderson, Jr., a self employed construction contractor, went to a Home Depot store to buy lumber for a construction project. It was raining, so Anderson bought a tarp to cover the bed of his pickup truck. To secure the tarp,

Question

Anderson bought a bag of cords made by Bungee International Manufacturing Corp The printed material on the Bungee bag included the words "Made in the U.S.A." and "Premium Quality." To secure the tarp at the rear of the passenger's side, Anderson put one hook into the eyelet of the tarp, stretched the cord over the utility box, and hooked the other end in the drainage hole in the bottom of the box. As Anderson stood up, the upper hook dislodged and hit him in the left eye. Anderson filed a suit in a federal district court against Bungee and others, alleging in part breach of express warranty. Anderson alleged that the labeling on the bag of cords was an express warranty that "played some role in

Answer 1

Express warranties
The court granted Bungee's motion for summary judgment. The court recognized that UCC 2-313(1)(b) provides "[a]ny description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description." The court acknowledged that "[a]t a minimum, a plaintiff must show that there was an affirmation of fact or promise by the seller, the natural tendency of which was to induce the buyer to purchase." But "[s]uch an affirmation of fact must be distinguished from puffery." Under UCC 2-313(2), a "statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty." Here, the court concluded that Anderson did not show the statements "Premium Quality" and "Made in the USA" were descriptions of the goods and were a part of the basis of the bargain within the meaning of the UCC. "The statements that the Bungee cords are of premium or superior quality are generalized statements of salesmanship and are indistinguishable from statements that this and other courts have held to be puffery."