Statute · California Commercial Code
Cal. Com. Code § 2317 — General Obligation and Construction of Contract
Cal. Com. Code § 2317
- Type
- Statute
- Source
- California Commercial Code
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
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:
Citator
Cal. Com. Code § 2317 — General Obligation and Construction of Contract is in force in the current edition of the Code, and nothing recorded condemns it.
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 displaced inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.