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ALTERNATE CASE PROBLEM ANSWERS
CHAPTER 23
WARRANTIES
23-1A. Express warranties
The court granted Bungee’s motion for summary judgment. The court recognized that UCC 2–
313(1)(b) provides “[a]ny 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.” The court
23-2A. Express warranties
The court granted Bungee’s motion for summary judgment. The court recognized that UCC 2–
313(1)(b) provides “[a]ny 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.” The court
acknowledged that “[a]t a minimum, a plaintiff must show that there was an affirmation of fact or
promise by the seller, the natural tendency of which was to induce the buyer to purchase.” But
B-2 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 23
23-3A. Implied warranties
The court held that Capital breached the implied warranty of merchantability and awarded Malul
damages that included the prices of the six melting doors. The court acknowledged that under
the implied warranty of merchantability, “fitness is determined [in part] by functional
characteristics” and noted that “Mr. Malul does not contend that ‘melting’ doors in any way
