Imagine the following scenario: buyer, a typical consumer wishing to obtain goods or services, visits seller. Anxious to close the deal, seller impresses buyer with oral representations and promises concerning the goods or services. Buyer, enticed into making the purchase, signs a preprinted form contract, failing either to notice or understand this deceptively harmless looking provision: "This writing is the final and entire agreement of the parties and there are no other representations, promises, warranties or agreements of any kind." Buyer later discovers that the goods or services do not live up to seller's representations and promises. Angry, buyer sues seller for breach of express warranty or contract. Will buyer win?
64 Denv. U. L. Rev. 529