Multistate Bar Examination Practice Question

The correct answer is based on an express warranty. Under the UCC, a seller creates an express warranty by making any affirmation of fact or promise about the goods that becomes part of the basis of the bargain. Here, the salesperson explicitly stated that the refrigerator would keep food fresh for two weeks, which satisfies the requirement for an express warranty. The implied warranty of merchantability is incorrect because it addresses whether the goods are fit for ordinary purposes, and while the refrigerator's failure could violate this, the question centers on the salesperson's specific statement, making the express warranty the stronger claim. The implied warranty of fitness for a particular purpose is also incorrect because there is no evidence that the buyer communicated a specific purpose that required the seller's expertise. Lastly, the absence of a written contract term does not negate the creation of an express warranty because warranties can be oral.