Also known as: in commendam · commendation · commendator · commendatus · benefice
Written by attorneys · grounded in primary & secondary sources — see below
A seller's statement of opinion or praise about goods that does not create an express warranty.
Select any source to read its text and confirm it supports the definition.
Copperfield Mining sold commercial ovens to Caitlin Crowley. The seller's catalog stated that the ovens reached 500 degrees in under five minutes. Crowley purchased the ovens after reviewing the catalog. The statement created an express warranty because it was a specific factual affirmation rather than mere commendam.
Crystal Dynamics offered mattresses to Craig Caldwell. A sales representative said the mattresses felt like sleeping on clouds. Caldwell bought the mattresses after the comment. The statement was commendam and created no express warranty.
Cardinal Insurance sold routers to Charles Cunningham. A representative called the routers bulletproof and said they never fail. Cunningham purchased the routers after the call. The remark constituted commendam and did not create an express warranty.
Cypress Technologies sold boats to Cameron Cruz. The seller provided a matrix describing ideal performance under lighter loads. Cruz bought a boat with heavier equipment. The matrix was commendam and created no express warranty about the purchased boat.
Copperfield Mining sold equipment to Cassandra Cooper. A representative stated the machines were the finest available. Cooper bought the equipment after the pitch. The statement amounted to commendam and did not create an express warranty.
Crystal Dynamics sold network devices to Christian Coleman. The data sheet claimed 99.999 percent uptime while a representative added colorful praise. Coleman purchased after seeing both. Only the uptime figure created a warranty while the praise remained commendam.
A commendam is vague praise or opinion while an affirmation of fact is a specific, verifiable claim about the goods. Courts examine whether the statement supplies measurable performance details that become part of the basis of the bargain.
Supporting sources
No. The absence of formal words such as warranty or guarantee does not prevent a statement from creating an express warranty if it is an affirmation of fact rather than mere opinion or commendam.
Supporting sources
A catalog or data sheet statement is not commendam when it supplies concrete, measurable specifications about the goods that the buyer relies on. Vague promotional language in the same document may still qualify as commendam.
Supporting sources
…in no kind of fault whatsoever, not even in the minutest degree; and is therefore to be totally acquitted and discharged, with commendation rather than blame.” 4 W. Blackstone, Commentaries on the Laws of England 182 (reprint 1992). Heller makes it clear that this right is “deeply rooted in this Nation’s history and…