The acceptance, application, and development of Section 2-318 of the Uniform Commercial Codemhas caused more trouble and confusion than the appearance of Darwin's theory of evolution in Tennessee. Overlooking the obvious possible solution of amending Section 2-318, most states have retained a written but unexercised statute and thereby compelled courts to stretch, bend and squeeze breach of warranty into the realm of strict liability in tort.
William Michael Karnes,
Section 2-318 of the UCC: The Sleeping Giant,
20 Clev. St. L. Rev.
available at http://engagedscholarship.csuohio.edu/clevstlrev/vol20/iss1/69