2005 Connecticut Code - Sec. 42a-2-313. Express warranties by affirmation, promise, description, sample.

      Sec. 42a-2-313. Express warranties by affirmation, promise, description, sample. (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any 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. (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

      (2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.

      (1959, P.A. 133, S. 2-313.)

      Annotations to former statutes:

      (1958 Rev., S. 42-11): Parol warranty cannot be added to written agreement. 70 C. 453. Warranty does not extend to subsequent purchasers. 83 C. 231. Warranty as to "soundness" of horse construed. Id., 666. Warranty of automobile that it is in "good and running condition". 84 C. 463. That of automobile that it is in "first-class running condition." 91 C. 187. Where there is no warranty of seeds, seller may recover though he sends wrong variety of corn seed unless his conduct was negligent or fraudulent. 94 C. 446. An oral statement that car was 1927 model, not relied upon as an inducing cause of purchase, and a reference in bill to model, which was mere description, are not warranties. 111 C. 298. Cited. 137 C. 250.

      (1958 Rev., S. 42-15): Reaffirms common law of Connecticut. 99 C. 301. Applies where delivery is to be in installments whether at one time or at different times. Id., 302.

      Delivery of the merchandise of the quantity, character and quality required by contract of sale by sample passed title to buyer. Buyer may not refuse merchandise if it conforms to contract and is not defective. 16 CS 378.

      Annotations to present section:

      Description of warranty liability has undergone clarification in the Uniform Commercial Code, which supersedes the Uniform Sales Act (public acts 1907, c. 212 Sec. 12 et seq., codified as chapter 731). 176 C. 97, 100. Cited. 184 C. 10, 18; Id., 607, 616, 617. Cited. 191 C. 150, 164. Cited. 203 C. 342, 362. Cited. 216 C. 65, 83. Cited. 218 C. 297, 307.

      Cited. 1 CA 690, 691. Cited. 2 CA 308, 311. Cited. 33 CA 575, 588.

      Third party beneficiary of express and implied warranties was not required to give notice of their breach to manufacturer under section 42a-2-607 as condition precedent to suit. 26 CS 223. Law of express and implied warranty is part of and distinguished in title. Code does not relate to real property and it has virtually eliminated doctrine of caveat emptor with regard to sale of personalty. 28 CS 476, 481. Cited. 32 CS 69.

      Where receipt for payment of price of used car was plainly stamped "This car not guaranteed" and sales agreement also had such notation and defendant's salesman said clearly car sold at agreed price could not be guaranteed, there was no express or implied warranty in sale. 4 Conn. Cir. Ct. 685.

      Subsec. (1):

      Subdiv. (a) cited. 203 C. 342, 351. Subdiv. (b) cited. Id.

      Subdiv. (a) cited. 27 CA 810, 815. Subdiv. (b) cited. Id.

      Subdiv. (a) cited. 33 CS 108, 115; 39 CS 107, 109.

      Subsec. (2):

      Cited. 203 C. 342, 351.