Prior Posts – Warranties
Warranties
The UCC in certain circumstances adds promises to the contract.
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In the XYZ v. ABC hypo on p.495 regarding warranty issues, couldn’t 2-317(a) “Exact or technical specifications displace an inconsistent sample or model or general language of description.” be used?
On the form the machine is described as a “widget frame stamping machine capable of using R grade steel (which amounts to an express warranty under 2-313(b)) But the contract is accompanied by technical specifications which also amount to an express warranty (2-313(c)) and this takes precedent in the event of conflict between express warranties (2-317(a))
Well argued. But is the language you quoted “general language of description” or specific description? Is the language you quoted the promise (warranty) or is the promise the language you quoted + the language you didn’t quote.