A Study on the Remedy for Breach of Warranty under the Uniform Commercial Code

UCC상 Warranty 위반의 구제에 관한 연구

The seller may take a warranty with respect to the goods. If they are not as warranted, they may be held liable for the breach of warranty. Even when they has not made a warranty, the law will in some instances hold them responsible as though they had made a warranty. An express warranty is a part the basis for the sale. That is, the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. When the buyer intends to use the goods for a particular or usual purpose, as contrasted with the ordinary use for which they are customarily sold, the seller makes an implied warranty that the goods will be fit for the purpose when the buyer relies on the seller's skill or judgment to select or furnish suitable goods, and when the seller at the time of contracting knows or has reason to know the buyer's particular purpose and his reliance on the seller's judgment. A merchant seller who makes a sale of goods in which he customarily deals makes an implied warranty of merchantability. The Uniform Commercial Code expressly abolishes the requirement a privies to a limited extent by permitting a suit for breach of warranty to be brought against the seller by members of the buyer's family, his household, and his guests, with respect to personal injury sustained by them. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement. At common law the rule was that only the parties to a transaction had my rights relating to it. Accordingly, the buyer could sue his immediate seller for breach of warranties. The rule was stated in the terms that there could be no suit for breach of warranty unless there was a privies of contract. The code expressly abolishes the requirement of privies to a limited extent by permitting a suit for breach of warranty to be bought against the seller by members of the buyer. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement.