Tennessee Code Annotated
Tenn. Code Ann. § 47-2-313 (2026)
Express warranties by affirmation, promise, description, sample
✓ current as of May 2026
- (1) Express warranties by the seller are created as follows:
- (a) 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.
- (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.
Acts 1963, ch. 81, § 1 (2-313).
Notes of Decisions
Cited in 39
cases (6 in the last 5 years), 1970–2025 · leading case: Jones v. WFM-Wo, Inc., 265 F. Supp. 3d 775 (M.D. Tenn. 2017).
Jones v. WFM-Wo, Inc., 265 F. Supp. 3d 775 (M.D. Tenn. 2017). “” Tenn. Code Ann. § 47-2-313 (b). “A breach of an express warranty by description under T.”
Coffey v. Dowley Mfg., Inc., 187 F. Supp. 2d 958 (M.D. Tenn. 2002). “Tenn.Code Ann. § 47-2-313 (2001). An express warranty is dependant upon the party’s intention, since no form of words is necessary to create an express warranty.”
Strayhorn v. Wyeth Pharm., Inc., 882 F. Supp. 2d 1020 (W.D. Tenn. 2012). “Plaintiffs argue that Tenn.Code Ann. § 47-2-313 provides a cause of action for breach of express warranty and that § 47-2-314 creates a similar claim for breach of implied warranty.”
In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772 (N.D. Ill. 2016). “Laws § 6A-2-313; Tenn. Code § 47-2-313; Tex. Bus. & Com. Code § 2.”
Haverlah v. Memphis Aviation, Inc., 674 S.W.2d 297 (Tenn. Ct. App. 1984). “y plaintiff to his detriment; that the engine was in a defective condition and caused economic, pecuniary and property damage to the plaintiff; plaintiff further avers that defendants breached express and implied warranties pertaining to the condition, merchantability and…”
Ritter v. Custom Chemicides, Inc., 912 S.W.2d 128 (Tenn. 1995). “, Tenn.Code Ann. §§ 47-2-313 (express warranty), 47-2-314 (implied warranty of merchantability), and 47-2-315 (warranty for a particular purpose) (1992).”
Mitchell v. White Motor Credit Corp., 627 F. Supp. 1241 (M.D. Tenn. 1986). “T.C.A. § 47-2-313 comment 1 (1979). Courts will refuse to give effect to unbar-gained for language of a disclaimer which is inconsistent with the language of an express warranty.”
Autozone, Inc. v. Glidden Co., 737 F. Supp. 2d 936 (W.D. Tenn. 2010). “July 26, 2007) (citations omitted); see also Tenn. Code Ann. § 47-2-313 ; Coffey v. Dowley Mfg.”
Morris v. MacK's Used Cars, 824 S.W.2d 538 (Tenn. 1992). “§ 47-2-312, breach of express warranty of description under T.C.A. § 47-2-313, breach of implied warranty of merchantability under T.”
Thomas v. Ashley (In Re Ashley), 5 B.R. 262 (Bankr. E.D. Tenn. 1980). “The Court is further of the opinion and accordingly finds that the defendant was guilty of breach of warranties provided by Tennessee Code Annotated Section 47-2-313, Section 47-2-314 and Section 47-2-315 and accordingly that the application of the plaintiff to rescind the sale…”
Higgs v. Gen. Motors Corp., 655 F. Supp. 22 (E.D. Tenn. 1985). “In the Thomas case, plaintiffs are also seeking recovery for breach of warranty under T.C.A. §§ 47-2-313, 314 and 315. 2 . Cf., Evers v.”
Parker v. Warren, 503 S.W.2d 938 (Tenn. Ct. App. 1973). “That appeal is primarily based upon: (1) The trial judge inadequately charged T.C.A. §§ 47-2-313, 47-2-315, relating to express and implied warranty; (2) The trial judge erred in his failure to charge strict liability in tort as pled.”
— Tenn. Code Ann. § 47-2-313(1) — 2 cases
Strayhorn v. Wyeth Pharm., Inc., 882 F. Supp. 2d 1020 (W.D. Tenn. 2012). “Plaintiffs argue that Tenn.Code Ann. § 47-2-313 provides a cause of action for breach of express warranty and that § 47-2-314 creates a similar claim for breach of implied warranty.”
Cooper Paintings & Coatings, Inc. v. SCM Corp., 457 S.W.2d 864 (Tenn. Ct. App. 1970).
— Tenn. Code Ann. § 47-2-313(1)(b) — 1 case
Jones v. WFM-Wo, Inc., 265 F. Supp. 3d 775 (M.D. Tenn. 2017). “” Tenn. Code Ann. § 47-2-313 (b). “A breach of an express warranty by description under T.”
— Tenn. Code Ann. § 47-2-313(l)(a) — 2 cases
Mitchell v. White Motor Credit Corp., 627 F. Supp. 1241 (M.D. Tenn. 1986). “T.C.A. § 47-2-313 comment 1 (1979). Courts will refuse to give effect to unbar-gained for language of a disclaimer which is inconsistent with the language of an express warranty.”
Fletcher v. Coffee Cnty. Farmers Coop., 618 S.W.2d 490 (Tenn. Ct. App. 1981).
— Tenn. Code Ann. § 47-2-313(l)(b) — 1 case
D & K Broadcast Props., Ltd. v. Still (In Re Jackson Television, Ltd.), 121 B.R. 790 (Bankr. E.D. Tenn. 1990).
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