§ 2312. — 2312. (Enacted by Stats. 1963, Ch. 819.)

California § 2312.

• Jurisdiction: California
• Code COM: Commercial Code - COM
• Div. 2.: DIVISION 2. SALES
• Ch. 3.: CHAPTER 3. General Obligation and Construction of Contract

Text

(1)
Subject to subdivision (2) there is in a contract for sale a warranty by the seller that
(a)
The title conveyed shall be good, and its transfer rightful; and
(b)
The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
(2)
A warranty under subdivision (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.
(3)
Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes
specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.

Legislative History

Enacted by Stats. 1963, Ch. 819.