We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
THE SCOPE OF A BARGAIN AND THE VALUE OF A PROMISE.
- Authors
SMYTHE, DONALD J.
- Abstract
The article focuses on the scope of a bargain and the value of a promise. The origins and consequences of the bargain requirement for the creation of an express warranty in modern sales law are outlined. The history of the reliance requirement based on the bargain test is explored. It concludes that unless sellers specifically disclaim affirmations of fact or promises about their goods at the time or contracting, or sellers state affirmations of fact or promises the buyer knows to be false, courts should hold sellers to strict legal obligations.
- Subjects
DEALS; PROMISE (Law); EXPRESS warranty; COMMERCIAL law; OBLIGATIONS (Law)
- Publication
South Carolina Law Review, 2008, Vol 60, Issue 1, p203
- ISSN
0038-3104
- Publication type
Article