Tennessee Statutes
§ 47-2-313 — Express warranties by affirmation, promise, description, sample
Tennessee·Title 47
(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,
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Related
Haverlah v. Memphis Aviation, Inc.
674 S.W.2d 297 (Court of Appeals of Tennessee, 1984)
Coffey v. Dowley Manufacturing, Inc.
187 F. Supp. 2d 958 (M.D. Tennessee, 2002)
Ritter v. Custom Chemicides, Inc.
912 S.W.2d 128 (Tennessee Supreme Court, 1995)
Morris v. MacK's Used Cars
824 S.W.2d 538 (Tennessee Supreme Court, 1992)
Charles C. Hodge v. Service MacHine Company
438 F.2d 347 (Sixth Circuit, 1971)
Parker v. Warren
503 S.W.2d 938 (Court of Appeals of Tennessee, 1973)
Higgs v. General Motors Corp.
655 F. Supp. 22 (E.D. Tennessee, 1985)
Board of Directors v. Southwestern Petroleum Corp.
757 S.W.2d 669 (Court of Appeals of Tennessee, 1988)
Autozone, Inc. v. Glidden Co.
737 F. Supp. 2d 936 (W.D. Tennessee, 2010)
Mitchell v. White Motor Credit Corp.
627 F. Supp. 1241 (M.D. Tennessee, 1986)
Paty v. Herb Adcox Chevrolet Co.
756 S.W.2d 697 (Court of Appeals of Tennessee, 1988)
Strayhorn v. Wyeth Pharmaceuticals, Inc.
882 F. Supp. 2d 1020 (W.D. Tennessee, 2012)
Foley v. Dayton Bank & Trust
696 S.W.2d 356 (Court of Appeals of Tennessee, 1985)
Motley v. Fluid Power of Memphis, Inc.
640 S.W.2d 222 (Court of Appeals of Tennessee, 1982)
Alumax Aluminum Corp., Magnolia Division v. Armstrong Ceiling Systems, Inc.
744 S.W.2d 907 (Court of Appeals of Tennessee, 1987)
Jones v. WFM-Wo, Inc.
265 F. Supp. 3d 775 (M.D. Tennessee, 2017)
Gentry v. HERSHEY CO.
687 F. Supp. 2d 711 (M.D. Tennessee, 2010)
Fletcher v. Coffee County Farmers Cooperative
618 S.W.2d 490 (Court of Appeals of Tennessee, 1981)
Wilson v. Dake Corp.
497 F. Supp. 1339 (E.D. Tennessee, 1980)
Donald W. Berry v. American Cyanamid Company (Lederle Laboratories, a Division of American Cyanamid Company)
341 F.2d 14 (Sixth Circuit, 1965)
Legislative History
Acts 1963, ch. 81, § 1 (2-313).
Nearby Sections
15
§ 47-1-101
Short title§ 47-1-102
Scope of chapter§ 47-1-104
Construction against implied repeal§ 47-1-105
Severability§ 47-1-106
Use of singular and plural - Gender§ 47-1-201
General definitions§ 47-1-202
Notice - Knowledge§ 47-1-204
Value§ 47-1-205
Reasonable time - Seasonableness§ 47-1-206
Presumptions§ 47-1-302
Variation by agreement