Express Warranty Liability of Remote Sellers: One Purchase, Two Relationships


After exploring some history in Part II, I turn in Parts III and IV to materials that illuminate the kinds and nature of relationships that may exist between buyers and remote sellers and point out in Part V that the new drafts do not cover all the bases. In Part VI, I consider the change in marketing practices that necessitate new responses. In Part VII, I briefly discuss developments in the European Community (both within member states and in Community Directives) that point toward increased recognition of remote-seller liability because these changes will apply to American goods sold within the Community and form part of the context in which the revision of Article 2 should be assessed. In Parts VIII and IX, I also consider some cases which on the one hand show the risk for retailers in not having explicit treatment of remote-seller warranties and, on the other, suggest some new arguments for actions against retailers who disclaim warranties. Throughout, I touch on some of the problems that inhere both in the nature of the underlying issues and in the drafts which seek to accommodate them. These include questions in Part X about the enforcement of remote-seller disclaimers and what remedies should be available for breach of remote-seller express warranties. I propose to discuss only matters of economic loss, leaving personal injury concerns to other discussions in this Symposium.


Sales contracts, Warranty, Economic loss rule (Torts)



Donald F. Clifford (University of North Carolina)



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