2011 Connecticut Code
Title 42a Uniform Commercial Code
Article 2 Sales
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.)

      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. Cited. 184 C. 10; Id., 607. Cited. 191 C. 150. Cited. 203 C. 342. Cited. 216 C. 65. Cited. 218 C. 297.

      Cited. 1 CA 690. Cited. 2 CA 308. Cited. 33 CA 575.

      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. 27 CA 810. Subdiv. (b) cited. Id.

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