Does an express warranty require the seller to use the words warrant or guarantee?

No. An express warranty arises whenever a seller makes an affirmation of fact or promise that relates to the goods and becomes part of the basis of the bargain. Formal warranty language is unnecessary.

When does a seller's statement become part of the basis of the bargain?

A statement becomes part of the basis of the bargain when it is made during negotiations and induces the buyer's purchase. The buyer need not prove subjective reliance. Objective inducement suffices.

Can an oral statement create an express warranty even if the written contract omits it?

Yes. Pre-contract affirmations of fact that become part of the basis of the bargain create express warranties even when the final writing is silent about them or contains a shorter warranty period.

How does a court distinguish a binding affirmation from mere puffery?

A binding affirmation states a concrete, measurable fact or promise about the goods. Vague opinions or general commendations about value or quality remain nonbinding puffery.

Does a description of the goods in a brochure create an express warranty?

Yes. Any description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.

Legal Dictionary

affirmation of fact or promise

/af-fer-MAY-shun of fakt or PROM-iss/

Also known as: affirmations of fact or promise · express warranty

Written by attorneys — see sources below.

A statement by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain. The statement creates an express warranty that the goods will conform to the affirmation or promise.

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How its tested

Common Examples

Smartboard Integration Assurance

Summit College purchased interactive smartboards from EdTech Labs after the seller's representative stated that the boards would reliably integrate with all current and planned campus learning systems for at least eight years. The written contract listed only hardware specifications and a two-year limited warranty. When integration problems arose within three years, the college sued for breach. The representative's concrete performance assurance formed part of the basis of the bargain and created an express warranty.

Corn Seed Yield Promise

Prairie Harvest Cooperative bought high-yield corn seed from AgriMax Seeds after the seller's representative and brochures stated that the seed would produce at least 180 bushels per acre under average Midwestern conditions. The invoice listed only the product name, price, and a broad limitation of liability. The crop produced far less. The specific yield assurance became part of the basis of the bargain and created an express warranty.

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Automobile Defect Warranty

Abigail Alvarez purchased a new car from Alpine Mining after the dealer made repeated factual statements about the vehicle's safety features and performance. When a latent defect caused an accident, the dealer's pre-sale affirmations created an express warranty that could not be disclaimed by general language in the purchase documents.

Henningsen v. Bloomfield Motors, Inc.32 N.J. 358, 161 A.2d 69 (1960)

In May 1955, Claus H. Henningsen purchased a new 1955 Plymouth Plaza Club Sedan from Bloomfield Motors, Inc., an authorized De Soto and Plymouth dealer for Chrysler Corporation. Mr. Henningsen intended the car as a Mother's Day gift for his wife, Helen Henningsen, and communicated that intention to the dealer. He alone signed a one-page printed purchase-order form. The reverse side contained, in fine six-point script type, a warranty clause limiting the manufacturer's obligation to replacement of defective parts within ninety days or four thousand miles and disclaiming all other warranties, express or implied. The front of the form contained two even smaller paragraphs directing attention to the back-side conditions. The form was a standardized document prepared by the manufacturer and used by all its dealers. No one called the fine-print provisions to Mr. Henningsen's attention, and he did not read them. The car was delivered on May 9, 1955, after the dealer performed the items listed in Chrysler's New Car Preparation Service Guide. On May 19, 1955, while Mrs. Henningsen was driving north on Route 36 in Highlands, New Jersey, at twenty to twenty-two miles per hour on a smooth, paved highway, she heard a loud noise from the front of the car. The steering wheel spun in her hands and the vehicle veered sharply into a highway sign and brick wall. The car had been driven only 468 miles, had required no servicing, and had exhibited no unusual behavior before the accident. An insurance appraiser with eleven years of experience examined the wrecked vehicle and concluded that something in the steering mechanism from the wheel down to the front wheels had broken or dropped off. Plaintiffs also presented expert testimony that the steering failure resulted from a latent manufacturing defect that could not have been discovered by reasonable inspection. The negligence counts against both defendants were dismissed at trial. The case was submitted to the jury solely on the implied-warranty claims. The jury returned verdicts for both plaintiffs against Chrysler Corporation and Bloomfield Motors, Inc. Defendants appealed and plaintiffs cross-appealed from the dismissal of the negligence claim. The Supreme Court of New Jersey certified the matter directly before consideration by the Appellate Division.

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affirmation of fact or promise

Common Examples

Smartboard Integration Assurance

Corn Seed Yield Promise

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Practice Questions5

Uniform Acts

Restatements

Currency Counter Performance Claim

Informal Machine Performance Claim

Conflicting Warranty Language

Automobile Defect Warranty

Students Frequently Ask...

Practice Essays5