Del. P.J.I. Civ. § 9.12

EXPRESS WARRANTY

[Plaintiff’s name] has alleged that [defendant’s name] made an express

warranty that [his/her/its] product was [identify promise, description, etc.]. An

express warranty is created in one of three ways:

(1) if [defendant’s name] made a promise or factual representation about

the product to [buyer’s name] and that promise or representation became a basis of

the parties’ bargain;

(2) if [defendant’s name] described the product in a certain manner to

[buyer’s name], and that description became a basis of the parties’ bargain; or

(3) if [defendant’s name] offered a sample or model of the product to

[buyer’s name], and that sample or model became a basis of the parties’ bargain.

No formal words are necessary to create a warranty. Nor does [defendant’s

name] have to intend to make a warranty.

If you find that any one of these three circumstances existed in this case, then

you must find that [defendant’s name] warranted that the product would conform to

the promise, description, or model.