Crossing the Line: Express Warranty Or Mere Sales Talk?(Management , Influence of Laws, Regulaions and Rules of Warranty on Sales of the Company) (Report‪)‬

ABSTRACT The words used by sellers to describe their goods to induce buyers to purchase them can land the seller in court if the goods fail to measure up and the language is deemed to create an express warranty. Not all representations, however, create an enforceable express warranty. Sellers are given leeway to praise the value of their goods and to express opinions or commendations about them without exposure to liability. This freedom to praise is variously called "puffing", "shop talk", "salesmanship", and the like. The task of distinguishing sales talk from warranting is not an easy one and conflicting court decisions have resulted. Nevertheless, an actionable express warranty has structure and is comprised of the simultaneous existence of three elements. When these elements are applied to specific sales language a reasoned conclusion about whether the language is puffing or warranting can be determined. The purpose of this paper is to commend a process and identify the tests for distinguishing permissible salesmanship from actionable warranting. This paper also suggests an additional approach for determining whether warranty language fulfills one of the essential requirements that it be a part of the basis of the bargain.