The Uniform Commercial Code has had a great influence on the development of the doctrine of implied warranties in the sale of goods. However, where a transaction primarily involves the sale of services rather than products, the application of implied warranties under the Code is questionable. The technical requirement of a sale has been the principal obstacle to recovery for breach of implied warranty in the area of service contracts when the rendition of service predominates and the transfer of personal property is incidental to the transaction. Although the sale of goods is not the only transaction in which implied warranties are applied, courts have traditionally refused to apply them to service transactions.
Warranties-Implied Warranties of Fitness and Merchantability Held Applicable to the Sale of Electricity as a Service,
U. Rich. L. Rev.
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