Colorado Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-312. Warranty of Title and Against Infringement - Buyer's Obligation Against Infringement






Source: L. 65: p. 1309, § 1. C.R.S. 1963: § 155-2-312.
Prior Uniform Statutory Provision: Section 13, Uniform Sales Act.
Changes: Completely rewritten, the provisions concerning infringement being new.
Purposes of Changes:






The warranty extends to a buyer whether or not the seller was in possession of the goods at the time the sale or contract to sell was made.
The warranty of quiet possession is abolished. Disturbance of quiet possession, although not mentioned specifically, is one way, among many, in which the breach of the warranty of title may be established.
The "knowledge" referred to in subsection 1(b) is actual knowledge as distinct from notice.
Cross References:
Point 1: Section 4-2-403.
Point 2: Sections 4-2-607 and 4-2-725.
Point 3: Section 4-1-203.
Point 4: Sections 4-2-609 and 4-2-725.
Point 6: Section 4-2-316.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Contract for sale". Section 4-2-106.
"Goods". Section 4-2-105.
"Person". Section 4-1-201.
"Right". Section 4-1-201.
"Seller". Section 4-2-103.

Structure Colorado Code

Colorado Code

Title 4 - Uniform Commercial Code

Article 2 - Sales

Part 3 - General Obligation and Construction of Contract

§ 4-2-301. General Obligations of Parties

§ 4-2-302. Unconscionable Contract or Clause

§ 4-2-303. Allocation or Division of Risks

§ 4-2-304. Price Payable in Money, Goods, Realty, or Otherwise

§ 4-2-305. Open Price Term

§ 4-2-306. Output, Requirements, and Exclusive Dealings

§ 4-2-307. Delivery in Single Lot or Several Lots

§ 4-2-308. Absence of Specified Place for Delivery

§ 4-2-309. Absence of Specific Time Provisions - Notice of Termination

§ 4-2-310. Open Time for Payment or Running of Credit - Authority to Ship Under Reservation

§ 4-2-311. Options and Cooperation Respecting Performance

§ 4-2-312. Warranty of Title and Against Infringement - Buyer's Obligation Against Infringement

§ 4-2-313. Express Warranties by Affirmation, Promise, Description, Sample

§ 4-2-314. Implied Warranty - Merchantability - Usage of Trade

§ 4-2-315. Implied Warranty - Fitness for Particular Purpose

§ 4-2-316. Exclusion or Modification of Warranties

§ 4-2-317. Cumulation and Conflict of Warranties Express or Implied

§ 4-2-318. Third Party Beneficiaries of Warranties Express or Implied

§ 4-2-319. f.o.b. and f.a.s. Terms

§ 4-2-320. c.i.f. and C. & F. Terms

§ 4-2-321. c.i.f. or C. & F. - "Net Landed Weights" - "Payment on Arrival" - Warranty of Condition on Arrival

§ 4-2-322. Delivery "Ex-Ship"

§ 4-2-323. Form of Bill of Lading Required in Overseas Shipment - "Overseas"

§ 4-2-324. "No Arrival, No Sale" Term

§ 4-2-325. "Letter of Credit" - "Confirmed Credit"

§ 4-2-326. Sale on Approval and Sale or Return - Rights of Creditors

§ 4-2-327. Special Incidents of Sale on Approval and Sale or Return

§ 4-2-328. Sale by Auction