“… In theory, contracts would readily answer a basic question about product quality – either implied warranties would be waived or modified, or they would remain intact. But in the real world of modern markets and supply chains, both technical specifications and product defects take various forms. As a result, many courts have struggled to decide whether express specifications control over implied warranties.
“This Article surveys the main cases on this issue and explains how they have developed two distinct analytical frameworks. The first framework asks whether the parties’ express specifications are ‘precise and complete’, while the second framework focuses on whether the specifications affirmatively require the alleged defect. The Article concludes that the second framework does not work well with the many kinds of specifications (design, testing, performance, etc) used in today’s complex economy and recommends that courts use only the first approach. The last part of the Article reviews specific legal concepts and facts that the cases have emphasized in their application of the first approach …”
David S Coale and Michael P Lynn, Implied Warranties v Express Specifications Under the Uniform Commercial Code, 74 Oklahoma Law Review 127 (2022).
First posted 2022-02-01 10:00:16
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