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Ark. Code Ann. § 4-2-312

Warranty of title and against infringements — Buyer's obligation against infringement

Known as the Uniform Commercial Code

The act spans §§ 4–4 (597 sections).

Applied in 3 court decisions — leading case 71 Ark. App. 316 - Midway Auto Sales, Inc. v. Clarkson (2000)

Most recently applied in 71 Ark. App. 316 - Midway Auto Sales, Inc. v. Clarkson (November 2000)

Acts 1961, No. 185, § 2-312; A.S.A. 1947, § 85-2-312.

(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that the title conveyed shall be good, and its transfer rightful; and

(2) 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 subsection (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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.