Express Warranty Of The Quality Of Goods In The United States

The warranty system is one important component of the legal system on the sale of goods. Express warranty, as one of the fundamental component of quality warranty system on the sale of goods, relates to various kinds of business transactions. Disputes on the quality warranty are the main types of disputes on the sale of goods. Thus, this topic is of great research value. Based on the structure of quality warranty system of the common law countries, through a series of case law and codification, United States has formed a comprehensive express warranty system with the Section 313 of Article 2 of the Uniform Commercial Code as the basis and supported by other related articles and case law on all levels.This paper mainly discussed the concepts and historical origin of the express warranty of the quality of goods under the American law. While analyzing the express warranty of the quality of goods based on the Uniform Commercial Code, this paper also discussed the influence and two main problem of American express warranty system.The historical analysis method and the case analysis method are used in the paper. While discussing the express warranty system of the American law, this paper put away the general theoretical introduction, and cited and analyzed many cases. This paper mainly focuses on introducing the reasoning method and interpretation made by judges, and analyzed the express warranty system from the perspective of legal practice.The paper is being composed of three parts beside the preface and conclusion, and is about 30,000 words.The first part is the general introduction. This part mainly discussed the basic concept and historical development of the express warranty system of the quality of goods under American law. While discussing the different standard in determining whether the express warranty has been formed in different historical period, from the "Caveat Emptor" in primitive society to the "basis of the bargain" in modern society, this paper also analyzed the philosophical change behind the change of standard.The second part is the legal analysis. Starting from the legal practice in the United States, this part introduced the current warranty legal system under American law. This part mainly discussed the requirement of the express warranty and the component of the express warranty. While putting away the pure theoretical analysis, this paper analyzed how judges interpret and to apply the express warranty system in practice based on the case studies, in order to draw a roadmap map of the express warranty system based on the current the United States Uniform Commercial Code from the practical perspective.The third part discusses the influence and the existing problems of the current express warranty system. The authors believes that the there are two problems of the current express warranty legal system under the American law, firstly the lack of certainty on the formation standard, secondly the imbalance on the protection of buyer and seller.