Topic: (1) an express warranty as to a fact or promise relating to… · Go Syfert
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Topic #24032

4 canonical passages across 3 cases, quoted by 17 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Harbour Point Homeowners'assoc., Inc. Ex Rel. Bd. of Dir. v. Djf Enterprises.

#Case FlagCanonical passage Citers
1 Harbour Point Homeowners'assoc., Inc. Ex Rel. Bd. of Dir. v. Djf Enterprises Anchor
ncctapp · 2010
green “(1) an express warranty as to a fact or promise relating to the goods, (2) which was relied upon by the plaintiff in making his decision to purchase, (3) and that this express warranty was breached by the defendant.” 7
2 Bernick v. Jurden
nc · 1982
green “the element of reliance can often be inferred from allegations of mere purchase or use if the natural tendency of the representations made is such as to induce such purchase or use.” 4
3 Pake v. Byrd
ncctapp · 1982
green “where the buyer relies on his own skill and judgment, thereby essentially disclaiming any warranty, the seller's statements cannot be viewed as the basis of the bargain.” 3
4 Pake v. Byrd
ncctapp · 1982
green “the seller's warranty is not his personal guarantee concerning the continuous and future operation of the goods which he has sold.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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