THE SCOPE OF A BARGAIN AND THE VALUE OF A PROMISE.

The article focuses on the scope of a bargain and the value of a promise. The origins and consequences of the bargain requirement for the creation of an express warranty in modern sales law are outlined. The history of the reliance requirement based on the bargain test is explored. It concludes that unless sellers specifically disclaim affirmations of fact or promises about their goods at the time or contracting, or sellers state affirmations of fact or promises the buyer knows to be false, courts should hold sellers to strict legal obligations.