The Warranty of Quality in Sale of Goods under the Perspective of the American and French Law

Abstract

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and French rules in the case of warranty of quality in sale of goods. This paper will narrow its comparative study on four areas of interest: this paper will define which kinds of defect may give birth to an action for breach of warranty of quality, which conditions have to be carried out to achieve a warranty action, what remedies would be available to an aggrieved buyer, and finally to whom the seller’s warranty of quality extends.