Public-domain · open source
OpenJurist

Cal. Com. Code § 2312

General Obligation and Construction of Contract

Known as the Uniform Commercial Code

The act spans §§ 1101–12107 (623 sections).

Applied in 8 court decisions — leading case 69 Cal. App. 4th 520 - TRIPLE a MANAGEMENT CO. v. Frisone (1999)

Most recently applied in Mycoskie, LLC v. Ebuys, Inc. (December 2017)

Enacted by Stats. 1963, Ch. 819.

How often courts cite this section

199920002010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.