Toward a Unified Theory of Warranty Creation Under Articles 2 and 2A of the Uniform Commercial Code

Monday, January 1st, 1990 at 12:00 am by Michael J. Herbert
Michael J. Herbert, Toward a Unified Theory of Warranty Creation Under Articles 2 and 2A of the Uniform Commercial Code, 1990 Colum. Bus. L. Rev. 265

This article discusses the ways in which reliance is or is not an integral part of Article 2 and 2A warranties. It examines the degree to which express and implied warranties have become all but indistinguishable. It discusses the relative merits of a formalistic law of warranties and a more complete bargain-in-fact law of warranties. It suggests a broader framework within which almost all warranty questions could be analyzed, and in which the futile distinction between express and implied warranties would be entirely abolished. It concludes with model revisions of the warranty provisions.

Author Information

Professor of Law, University of Richmond. B.A., 1974, John Carroll University; J.D., 1977, University of Michigan. This article was written while the author was a Visiting Professor of Law at Emory University