Sale Of Goods Quality Assurance Study

Warranty cases are one of the most common types of cases arising out of the sale of a product. Sometimes a person who purchases a product experiences problems with it. Then the question arises, Whose responsibility is it to repair the product? The buyer naturally hopes the seller will repair the product. The actual rights of the buyer are in part governed by the wording of the warranty, if any, and in part by statues. For many years the law favored the seller -the law followed the doctrine of caveat emptor ( let the buyer beware). The rule developed to sustain the doctrine of caveat emptor presupposed a classical exchange transaction in which there was face to face dealing, relatively equal commercial experience on both sides, and a fair opportunity to examine the goods. So long as these factors existed in a majority of contracts, warranties for the buyer's benefit were generally unnecessary. "The relation of buyer and seller... is not a confidential one;and if the buyer, instead of exacting an explicit warranty, chooses to rely on the bare opinion of one who knows no more about the matter than he does himself ,he has to blame for it." Caveat emptor was admirably adopted to the dawning age of manufacturing. The rule encourages trade by preventing actions against all in turn through whose hands the article of commerce has passed in a course of dealing .To apply to these persons the principle of caveat emptor would lead to endless litigation...Some scholar fear of constant judicial intervention in commercial dealings, summoned an unhappy vision in which court were given a species of eminent domain to model ,make or break contracts. By the 19th century, however, the classical commercial world had begun to change. Mass production and contracts of sale for the future delivery of standard goods between distant parties became the norm .Goods became more specialized and diverse , and the assumption that every party to a contact had equal bargaining power could no longer be made. Transcontinental bargains became routine and the buyer's presale opportunity to inspect -the foundation of caveat emptor-was rendered increasingly suspect. The law responded to these changes by a gradual recession of the doctrine of caveat emptor and expansion of implied quality warranties. Starting with the twentieth century the law slowly moved in the direction if recognizing more rights for the buyer. More recently, really starting in the late 1960s,theconsumer movement has pressed the courts and legislatures to strengthen the right of purchasers. The law governing all aspects of sales law, including warranties, developed on a case-by-case basis. For many centuries the law of sales was found in the decisions of judges dealing with real cases. Toward the end of the nineteenth century, scholar and practitioners became increasingly dissatisfied with the case-law approach. Many people advocated more uniformity in the law. This movement gave rise to the Uniformity Sales Act (1906), a suggested model for state legislatures, which some states eventually adopted. After many years , The Uniformity Sales Act was superseded by the Uniform Commercial Code, Which has been adopted by every state except Louisiana. Uniform Commercial Code (1-102) states that "Underlying purposes and policies of this Act are (a) to simplify , clarify and modernize the law governing commercial transaction;(b) permit the continued expansion of commercial practices through custom ,usage and agreement of the parties;(c) to make uniform the law among the various jurisdictions." This article will first introduce the history of warranty law in England and USA;And then focus on Article 2 of UCC , through analyzing the warranty rules in UCC to help innovate the thought of Chinese Contract Law ,Which is deeply influenced by civil law system .