Our blogger Gregory E. Robinson published an article in the October 2008 edition of Orange County Lawyer Magazine, the official publication of the Orange County [California] Bar Association. “Beyond the Battle of the Forms–UCC Warranty Limitations: ‘How to Make ‘Em and How To Break ‘Em,” Vol. 50, N0. 10, Orange County Lawyer, page 18 (October 2008). The article discussed common situations in which express and implied warranties arise (UCC Sections 2-213, 2-314, 2-315). Sellers’ exclusions and limitations of warranties are also considered (UCC 2-306) along with buyers’ strategies to defeat these restrictions. Buyers’ strategies include omission of these limits or exclusions from the contract (Section 2-207), subsequent dealings between the parties giving rise to new obligations, and failure of an essential purpose. (UCC 2-719). Copies can be ordered from the Orange County Bar Association website, http://www.ocbar.org/ or from Robinson & Robinson, LLP.
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