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AMI 2508 Express Warranties

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2508
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 25. UCC Sales Contracts
AMI 2508 Express Warranties
Express warranties are created by a seller as follows:
[Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.]
[Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.]
[Any sample or model which is made part of the basis of the bargain creates an express warranty that the (whole of the) goods shall conform to the sample or model.]
[It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that [he][she] have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.]
[When the buyer is not influenced by a (statement)(description)(sample)(model) in making the purchase, the (statement)(description)(sample)(model) is not a basis of the bargain.]
NOTE ON USE
Use this instruction when the plaintiff claims breach of an express warranty. Use the bracketed paragraphs as warranted by the evidence.
COMMENT
This instruction is based on Ark. Code Ann. § 4-2-313.
Where a buyer is not influenced by a statement in making a purchase, the statement is not a basis of the bargain. Ciba–Geigy Corp. v. Alter, 309 Ark. 426, 834 S.W.2d 136 (1992). A statement that a product is safe can be considered an affirmation of fact sufficient to constitute an express warranty. Id. If an express warranty is inconsistent with an attempted exclusion of a warranty, a jury may conclude that the exclusion is ineffective. Id.; Ark. Code Ann. § 4-2-316(1).
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