Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 2. · Article 2. SALES · Part 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

11-2-317. Cumulation and conflict of warranties express or implied.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 109A-2-317, enacted by Ga. L. 1962, p. 156, § 1.

Law reviews

For article, “Sales Warranties Under Georgia’s Uniform Commercial Code,” see 1 Ga. St. B.J. 191 (1964). For article discussing interpretation of warranties under the Uniform Commercial Code, see 4 Ga. L. Rev. 469 (1970). For article, “Products Liability Law in Georgia: Is Change Coming?,” see 10 Ga. St. B.J. 353 (1974). For article explaining the Unfair Trade Practices and Consumer Protection Act, proposed in Georgia in 1973, see 10 Ga. St. B. J. 409 (1974). For article, “Products Liability Law in Georgia Including Recent Developments,” see 43 Mercer L. Rev. 27 (1991).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, pages 152 to 153; merge action: carried; file SHA-256 ad397fccbf21.

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