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

Mercer Law Review

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 ...
 
 
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