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O.C.G.A. § 11-2-317

Cumulation and conflict of warranties express or im- plied

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

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

Code 1933, § 109A-2-317, enacted by Ga

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 war-

ranty 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 displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.