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:
(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).
JUDICIAL DECISIONS
How warranties are raised.
- Implied warranty is raised by statute, while express warranty is by contract. Stewart v. Gainesville Glass Co., 131 Ga. App. 747, 206 S.E.2d 857 (1974), aff'd, 233 Ga. 578, 212 S.E.2d 377 (1975).
Cited in Whitaker v. Harvell-Kilgore Corp., 418 F.2d 1010 (5th Cir. 1969); Citizens Jewelry Co. v. Walker, 178 Ga. App. 897, 345 S.E.2d 106 (1986).
RESEARCH REFERENCES
Am. Jur. 2d.
- 63 Am. Jur. 2d, Products Liability, § 831 et seq. 67A Am. Jur. 2d, Sales, §§ 703, 704.
C.J.S.- 77A C.J.S., Sales, §§ 250, 258 et seq.
U.L.A.- Uniform Commercial Code (U.L.A.) § 2-317.
ALR.
- Express or implied warranty of quality, condition, or fitness of automobile or truck sold by retail dealer, 43 A.L.R. 648.
Law of sales and liability in respect thereof as applied to transactions in self-service stores, 163 A.L.R. 238.
Express warranty as excluding implied warranty of fitness, 164 A.L.R. 1321.
What amounts to a "sale by sample" as regards warranties, 12 A.L.R.2d 524.
Recovery by contractor or artisan, suing for breach of warranty, of damages for loss of good will occasioned by use in his business of unfit materials, 28 A.L.R.2d 591.
Measure and elements of recovery of buyer rescinding sale of domestic animal for seller's breach of warranty, 35 A.L.R.2d 1273.
Application of warranty provisions of Uniform Commercial Code to bailments, 48 A.L.R.3d 668.
Validity of disclaimer of warranty clauses in sale of new automobile, 54 A.L.R.3d 1217.
Seller's promises or attempts to repair article sold as affecting buyer's duty to minimize damages for breach of sale contract or of warranty, 66 A.L.R.3d 1162.
Uniform Commercial Code: implied warranty of fitness for particular purpose as including fitness for ordinary use, 83 A.L.R.3d 656.
What constitutes "affirmation of fact" giving rise to express warranty under UCC § 2-313(1)(a), 94 A.L.R.3d 729.
Products liability: industrial accidents involving conveyor belts or systems, 2 A.L.R.4th 262.
Construction and effect of new motor vehicle warranty limiting manufacturer's liability to repair or replacement of defective parts, 2 A.L.R.4th 576.
Products liability: defective vehicular windows, 3 A.L.R.4th 489.
Products liability: manufacturer's postsale obligation to modify, repair, or recall product, 47 A.L.R.5th 395.
Liability on implied warranties in sale of used motor vehicle, 47 A.L.R.5th 677.