Wyoming Statutes

Wyo. Stat. § 34.1-2-313 (2026)

Express warranties by affirmation, promise,

✓ current as of May 2026

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description, sample.

     (a)   Express warranties by the seller are created as
follows:

          (i) 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;

          (ii) 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;

          (iii) 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.
     (b) 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.

Notes of Decisions

Cited in 5 cases, 1991–1998 · leading case: Schneider Nat'l, Inc. v. Holland Hitch Co., 843 P.2d 561 (Wyo. 1992).

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Schneider Nat'l, Inc. v. Holland Hitch Co., 843 P.2d 561 (Wyo. 1992). · cites it 4× “[19] Wyo.Stat. § 34.1-2-313 (1991) provides: (a) Express warranties by the seller are created as follows: (i) 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…”

Keller v. Merrick, 955 P.2d 876 (Wyo. 1998). · cites it 4× “Viable Causes of Action As a general rule, the Uniform Commercial Code (UCC) as codified in Wyo. Stat. § 34.1-2-313 through 34.1-2-315 (1977) creates and limits express and implied warranties.”

Phillips v. Duro-Last Roofing, Inc., 806 P.2d 834 (Wyo. 1991). “W.S. 34.1-2-313, -314, -315. In a warranty action, recovery is for fault in the breach of a warranty and under § 402A, Restatement, Second, Torts (1965) for fault in creating a defective product and placing it in the stream of commerce.”

Walters v. Grand Teton Crest Outfitters, Inc., 804 F. Supp. 1442 (D. Wyo. 1992). · cites it 2× “These sections have been re-codified at Wyo.Stat. §§ 34.1-2-313 through 34.1-2-315 (1991).”

Tribe v. Peterson, 964 P.2d 1238 (Wyo. 1998). · cites it 2× “1984), see also Wyo. Stat. § 34.1-2-313(a)(ii) (1997) (“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[.”

— Wyo. Stat. § 34.1-2-313(a)(ii) — 1 case

Tribe v. Peterson, 964 P.2d 1238 (Wyo. 1998). “1984), see also Wyo. Stat. § 34.1-2-313(a)(ii) (1997) (“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[.”

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