LAYING THE GHOST OF RELIANCE TO REST IN SECTION 2-313 OF THE UNIFORM COMMERCIAL CODE: AN "ENDPOINTS" ANALYSIS Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1993 Wake Forest Law Review Association, Inc.
Wake Forest Law Review

LAYING THE GHOST OF RELIANCE TO REST IN SECTION 2-313 OF THE UNIFORM COMMERCIAL CODE: AN "ENDPOINTS" ANALYSIS

1993

28 Wake Forest L. Rev. 1065

Author

Richard L. Savage III

Excerpt

Owners with rolled up sleeves. Salesmen, neat, deadly, small intent eyes watch for weakness . . . . Yes, sir "22 Dodge. Best goddamn car Dodge ever made. Never wear out.

. . . .

Sure we sold it. Guarantee? We guarantee it to be an automobile. We didn't guarantee to wet-nurse it . . . . How'd you think if I bought a steak an' et half an' try to bring it back? We're runnin' a business, not a charity ward. 1

INTRODUCTION

Fifty-two years ago, one man, 2 inspired by vision and driven by necessity, proposed a series of extraordinary ideas 3 which would change the direction of commercial law forever. His name was Karl Llewellyn; his vision was the Uniform Commercial Code. Between his initial draft in 1940 4 and the drafting committee's final promulgated version in 1952, many compromises were made. 5 Due to Llewellyn's persuasive nature, however, many of his revolutionary ideas survived the drafting process. 6 One of the most intriguing ideas--and perhaps the one which gives legal scholars, courts, and commentators the most difficulty--is the "basis of the bargain" requirement within the express warranty provisions of section 2-313. 7

Section 2-313 of the Uniform Commercial Code 8 delineates the requirements for the creation of an express warranty arising from the sale of goods. Section 2-313 states in part: (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the

buyer ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities