An affirmation of fact is a statement of fact or promise made as part of a bargain. It is a positive assertion of a fact or a statement concerning the subject matter of a transaction, which might otherwise be only an expression of opinion, which is affirmed as an existing fact material to the transaction and reasonably induces the other party to rely upon it as a fact. It usually arises in a claim of a breach of warranty. An affirmation of fact is presumed to be a part of the bargain, and any fact that would remove such affirmation out of the agreement requires clear affirmative proof.
