Miss. Code Ann. § 75-2-313

Express warranties by affirmation, promise, description, sample

Known as the Uniform Commercial Code

The act spans §§ 75–75 (480 sections).

Applied in 15 court decisions — leading case Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-Appellees (1975)

Most recently applied in Seahorn Investments, L.L.C. v. Goodman Manufacturing Co. (June 2016)

Codes, 1942, § 41A:2-313; Laws, 1966, ch. 316, § 2-313, eff March 31, 1968.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Express warranties by the seller are created as follows: 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.

(2) Any 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.

(3) 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.

(4) It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.