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Title XXVI TRADE AND COMMERCE

Chapter 400

previous next Effective - 28 Aug 1963bottom

  400.2-318.  Third party beneficiaries of warranties express or implied. — A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty.  A seller may not exclude or limit the operation of this section.

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(L. 1963 p. 503 § 2-318)

(1981) Implied warranties extend to remote purchasers.  Groppel Co., Inc. v. U.S. Gypsum Co. (A.), 616 S.W.2d 49.

(1981) Recovery for economic loss resulting from manufacture and sale of unmerchantable product is limited to damages proximately caused by defective product, and buyer has obligation to mitigate damages. Groppel Co., Inc. v. U.S.  Gypsum Co. (A.), 616 S.W.2d 49.

(1981) Subcontractor was entitled to recover from manufacturer for economic loss allegedly resulting from manufacture and sale of alleged unmerchantable product.  Groppel Co., Inc. v. U.S. Gypsum Co.  (A.), 616 S.W.2d 49.


---- end of effective   28 Aug 1963 ----

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