Although variations exist, all fifty states and the District of Columbia have adopted at least part of the Uniform Commercial Code (“U.C.C.”). Article 2 of the U.C.C. governs the sale of moveable goods. Section 2-313 of the U.C.C. sets forth the requirements for an express warranty, including that an affirmation of fact or promise from the seller to the buyer must constitute “part of the basis of the bargain” to create an express warranty. Courts and commentators have reached differing interpretations of “basis of the bargain,” with some suggesting that a buyer must rely on a seller’s representation⎯reminiscent of the requirement imposed on buyers before the adoption of the U.C.C. Like many articles before it, this Comment argues that reliance ought to be removed as a requirement but makes the case by focusing on the realities of modern commercial practices and consumer behavior.
