Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
336.2-312 WARRANTY OF TITLE AND AGAINST INFRINGEMENT; BUYER'S
OBLIGATION AGAINST INFRINGEMENT.
(1) Subject to subsection (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 subsection (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 to
be the titleholder or to be selling only such right or title as the person selling 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.
History: 1965 c 811 s 336.2-312; 1986 c 444
OBLIGATION AGAINST INFRINGEMENT.
(1) Subject to subsection (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 subsection (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 to
be the titleholder or to be selling only such right or title as the person selling 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.
History: 1965 c 811 s 336.2-312; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes