§ 32-33 Products Liability - Express Warranty

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 32-33 Products Liability - Express Warranty

As to express warranty, the plaintiff claims the defendant, during the course of the sale of the [name the product], made express warranties regarding the product and that these warranties were breached to the plaintiff's damage.

South Carolina Code section 36-2-313, entitled "Express warranties by affirmation, promise, description, sample," provides:

(1) Express warranties by the seller are created as follows:

(a) Any affirmation of fact or promise, including those on containers or labels, made by the seller to the buyer, whether directly or indirectly, which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods 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...