Description, Sample. (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the sellerto the buy affirmation or promise. (b) 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. (c) 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. (2) 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 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. Laws 1961, p. 81, § 2-313.
Notes of Decisions
Cited in 18
cases (9 in the last 5 years), 1980–2026 · leading case: Schrock v. Wyeth, Inc., 727 F.3d 1273 (10th Cir. 2013).
Schrock v. Wyeth, Inc., 727 F.3d 1273 (10th Cir. 2013). · cites it 3דSee Okla. Stat. tit. 12A, § 2-313 (express warranties are “created” by the seller with representations *1284 that become “part of the basis of the bargain”); § 2-314 (“[A] warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a…”
Caplinger v. Medtronic, Inc., 784 F.3d 1335 (10th Cir. 2015). · cites it 2ד544, 570 (2007); see also Okla. Stat. Ann. tit. 12A, §§ 2-313 to -315; Mo.”
Rogers v. QuikTrip Corp., 2010 OK 3 (Okla. 2010). “Plaintiffs' cite to 12A O.S. §§ 2-313 and 2-314 of the Uniform Commercial Code.”
Murray v. D & J Motor Co., Inc., 1998 OK CIV APP 69 (Okla. Civ. App. 1998). · cites it 3דThe Uniform Commercial Code Comment under 12A O.S.1991, § 2-313 discusses disclaimers generally.”
Dennis Speerly v. Gen. Motors, LLC, 115 F.4th 680 (6th Cir. 2024). “; breach of express warranty, Okla. Stat. tit. 12A, § 2-313; and breach of implied warranty, Okla.”
Martin v. Ford Motor Co., 292 F.R.D. 252 (E.D. Pa. 2013). “See Okla. Stat. Ann. tit. 12A, § 2-313 cmt. 1 (a) and (2) (quoting Woolsey v.”
Parker v. Genson, 406 P.3d 585 (Okla. Civ. App. 2017). “" Section 939 provides for prevailing-party attorney fees "[i]n any civil action brought to recover damages for breach of an express warranty or to enforce the terms of an express warranty made under [12AO.S. § 2-313]....””
Scheirman v. Coulter, 624 P.2d 70 (Okla. 1980). · cites it 2דThe appellants seeks recovery on the basis of a purported violation of the Uniform Commercial Code [UCC], 12A O.S. 1971 § 2-313. It is also asserted by appellant that the Uniform Consumer Credit Code [UCCC], 14A O.”
First v. Rolling Plains Implement, 108 F.4th 262 (5th Cir. 2024). “”35 The essential question is whether the principal has the right to control the agent.”
Osburn v. Ardmore Suzuki, Inc. (E.D. Okla. 2023). “See Okla. Stat. tit. 12A § 2-313(1)(a)-(b) (defining express warranties to include “[a]ny 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” and “[a]ny description of the goods which is made…”
Odom v. Penske Truck Leasing Co LP (W.D. Okla. 2019). “”20 The Oklahoma Supreme Court interprets this statute literally, explaining that this section “limits warranty protection to persons named in that section, i.”
First v. Rolling Plains Implement, 108 F.4th 262 (5th Cir. 2024). “”35 The essential question is whether the principal has the right to control the agent.”
Osburn v. Ardmore Suzuki, Inc. (E.D. Okla. 2023). “See Okla. Stat. tit. 12A § 2-313(1)(a)-(b) (defining express warranties to include “[a]ny 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” and “[a]ny description of the goods which is made…”
Scheirman v. Coulter, 624 P.2d 70 (Okla. 1980). “The appellants seeks recovery on the basis of a purported violation of the Uniform Commercial Code [UCC], 12A O.S. 1971 § 2-313. It is also asserted by appellant that the Uniform Consumer Credit Code [UCCC], 14A O.”
Schrock v. Wyeth, Inc., 727 F.3d 1273 (10th Cir. 2013). “See Okla. Stat. tit. 12A, § 2-313 (express warranties are “created” by the seller with representations *1284 that become “part of the basis of the bargain”); § 2-314 (“[A] warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a…”
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