Question

In order to recover for breach of an express warranty, a plaintiff must show that:

	A.	the warranty was part of the basis of the bargain.
	B.	the seller gave a sample or model of the goods.
	C.	the warranty was in writing.
	D.	the warranty used the words "warranty" or "guarantee."

Answer 1

Answer: Option (A) - the warranty was part of the basis of the bargain

Explanation: According to Uniform Commercial Code (UCC), the words like “warranty” or “guarantee” are not compulsory. A seller selling a particular good may create an express warranty as part of the basis of the bargain. It can be done by making promises about the good, describing the good, or by providing a sample of the good. Thus, an express warranty is created as a part of the basis of the bargain.