Public-domain · open source
OpenJurist

Cal. Com. Code § 2317

General Obligation and Construction of Contract

Known as the Uniform Commercial Code

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

Applied in 1 court decision — leading case Nelson v. MillerCoors, LLC (2017)

Most recently applied in Nelson v. MillerCoors, LLC (March 2017)

Enacted by Stats. 1963, Ch. 819.

Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:

(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistent general language of description.

(c) Express warranties displaced inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

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