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UT · jury_instructions

MUJI 2d CV1040

Breach of Warranty. Validity of disclaimer.

activein force · 2026-08-21 – presentas-observed

To exclude or modify an implied warranty of merchantability, or any part of it, the language of the exclusion or modification must mention the word "merchantability," and if written, the writing must be conspicuous. To exclude or modify any implied warranty of fitness, the exclusion or modification must be in writing and be conspicuous.

Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," "with all faults," or other language which, in common understanding, calls that buyer's attention to the exclusion of warranties and makes plain that there are no implied warranties.

Provenance

Source
legacy.utcourts.gov
Retrieved
2026-08-22
Edition
2026-08-21
Content hash
111cd2c3038aa4bb68a4df357540e0fb698a31716a966fb739470c80bd65051c
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