WI · jury_instructions
Wis JI-Civil 3230
Express Warranty under the Uniform Commercial Code
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).
(Any description of goods which is made part of the basis of the bargain creates an
express warranty that the goods shall conform to the description.)
(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. In order
to constitute a sale by sample, it must appear that the parties contracted with reference to the
sample, with the understanding that the whole was like it. Whenever the designation of the
quality is by reference to a sample, the sale is by sample. Otherwise, whether a sale is by
sample is determined by the intent of the parties as shown by the terms of the contract and the
circumstances surrounding the transaction.)
History
Wis JI-Civil 3230 (1994). ©1994, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
51a0d47793bfe8e7c8aa4a48c206f38fd3e201637930716df0263b891134d8d0
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