Express warranties in the sale of goods require the seller to be liable if the warranty was what?

• A. A A guess
• B. B A basis of the bargain (statements of facts, promises, descriptions, use of sample or model)
• C. C A disclaimer
• D. D A promise in writing

Answer: (B)

Express warranties come from the seller’s statements that become part of the deal. When the seller makes a factual assertion, a promise about the goods, a description, or even uses a sample or model, and the buyer relies on that representation in forming the contract, those statements become express warranties. If the goods don’t conform to what was promised or described, the seller is liable for breach. The crucial element is that the warranty exists because the representation was part of the bargain—the buyer’s reliance on that representation is what ties the warranty to the contract. A mere guess isn’t enough, a disclaimer can limit liability but doesn’t create the warranty, and a promise in writing is one way to create an express warranty, but the underlying idea is that liability attaches to representations that were part of the bargain and relied upon.