An Express Warranty in the sale of goods arises from which of the following?

• A. Express Warranty
• B. Implied Warranty of Merchantability
• C. Implied Warranty of Fitness for a Particular Purpose
• D. Warranty of Title

Answer: (A)

An express warranty is created by the seller’s explicit statements—affirmations of fact, promises, descriptions, or a sample or model—that become part of the bargain. Under the UCC, any description of the goods, or a sample or model, that the seller makes part of the deal creates a warranty that the goods will conform to that description. This stands in contrast to implied warranties, which arise by law without specific statements: merchantability (the goods are fit for ordinary purposes for which such goods are used, if the seller is a merchant in those goods), fitness for a particular purpose (the seller knows the buyer has a particular use and relies on the seller to select suitable goods), and title (the seller warrants they have good title and no undisclosed liens). So the source of an express warranty is the seller’s own express statements or descriptions, not the mere existence of a sale or implied warranties.