Section 26 Express Warranties

• Library: Motor Vehicle 2011

Under § 400.2-313(1)(a), RSMo 2000, an express warranty that the goods will conform to the affirmation or promise is created when the seller makes a statement of fact or promise that relates to the goods and the statement is part of the bargain of the parties. The four elements of an express warranty by affirmation of fact or promise are:

1. “Any affirmation of fact or promise;

2. made by the seller to the buyer;

3. which relates to the goods; and

4. becomes part of the basis of the bargain.”

Id. The affirmation or promise does not need to be in writing.

Statements about the quality or condition of a product will create express warranties. Morehouse v. Behlmann Pontiac-GMC Truck Serv., Inc., 31 S.W.3d 55 (Mo. App. E.D. 2000) (evidence that a vehicle had...