Basis Of Bargain

Basis Of Bargain

What does Basis Of Bargain mean in American Law?

The definition of Basis Of Bargain in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

Under U.C.C. § 2-313, any affirmation of fact, promise, description, or sample or model delivered by the seller with respect to the goods, which becomes part of the “basis of the bargain,” creates an express warranty that the goods will conform thereto. It is hard to imagine what statements, etc. would not become “the basis of” any particular bargain; are there situations in which the buyer would still do the deal at the same price if something he was led to believe about the goods turned out to be false? The statute seems to think so. See also essence.


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