Section 45.02.312. Warranty of title and against infringement; buyer's obligation against infringement.

   (a) Subject to (b) of this section there is in a contract for sale a warranty by the seller that
        (1) the title conveyed shall be good, and its transfer rightful; and
        (2) the goods shall be delivered free from a security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
   (b) A warranty under (a) of this section will be excluded or modified only by specific language or by circumstances that give the buyer reason to know that the person selling does not claim title in the seller or that the person is purporting to sell only such right or title as the person selling or a third person may have.
   (c) 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 a 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 that arises out of compliance with the specifications.

Authorities

45.02.607

Notes

References

AS 45.02.607 Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

History

(Sec. 2.312 ch 114 SLA 1962)