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 Code section.
History. Code 1933, § 109A-2-318, enacted by Ga. L. 1962, p. 156, § 1.
Cross references.
Necessity of privity to support tort action generally, and as to liability of manufacturer of personal property sold as new property directly or through a dealer or other person, § 51-1-11.
Civil action for knowing or negligent selling of unwholesome provisions to another person by use of which damage results to purchaser or the purchaser’s family, § 51-1-23 et seq.
Law reviews.
For comment on U.C.C.’s restrictive effect on consumers’ right of action against manufacturers absent privity, see 1 Ga. St. B.J. 129 (1964).
For comment on Putnam v. Erie City Mfg. Co., 338 F.2d 911 (5th Cir. 1964), as to privity requirement in implied warranty actions, see 17 Mercer L. Rev. 318 (1965).
For article, “Georgia’s New Statutory Liability for Manufacturers: An Inadequate Legislative Responses,” see 2 Ga. L. Rev. 538 (1968).
For article discussing interpretation of warranties under the Uniform Commercial Code, see 4 Ga. L. Rev. 469 (1970).
For note, “Allowance of Punitive Damages in Products Liability Claims,” see 6 Ga. L. Rev. 613 (1972).
For note, “Buyer’s Right to Revoke Acceptance Against the Automobile Manufacturer for Breach of its Continuing Warranty of Repair or Replacement,” see 7 Ga. L. Rev. 711 (1973).
For article, “Products Liability Law in Georgia: Is Change Coming?,” see 10 Ga. St. B.J. 353 (1974).
For article explaining the Unfair Trade Practices and Consumer Protection Act, proposed in Georgia in 1973, see 10 Ga. St. B. J. 409 (1974).
For article discussing modification of consumer warranty provisions of the U.C.C. by the Magnuson-Moss Act (15 U.S.C. §§ 2301-2312) with special emphasis on attempted disclaimers, see 27 Mercer L. Rev. 1111 (1976).
For article discussing strict liability for defective products in Georgia, see 13 Ga. St. B.J. 142 (1977).
For article surveying developments in the Georgia torts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 247 (1981).
For note, “Enforcing Manufacturers’ Warranty Exclusions Against Non-Privity Commercial Purchasers: The Need for Uniform Guidelines,” see 20 Ga. L. Rev. 461 (1986).
For article, “Products Liability Law in Georgia Including Recent Developments,” see 43 Mercer L. Rev. 27 (1991).
For annual survey on construction law, see 71 Mercer L. Rev. 57 (2019).
Structure Georgia Code
Part 3 - General Obligation and Construction of Contract
§ 11-2-301. General Obligations of Parties
§ 11-2-302. Unconscionable Contract or Clause
§ 11-2-303. Allocation or Division of Risks
§ 11-2-304. Price Payable in Money, Goods, Realty, or Otherwise
§ 11-2-306. Output, Requirements, and Exclusive Dealings
§ 11-2-307. Delivery in Single Lot or Several Lots
§ 11-2-308. Absence of Specified Place for Delivery
§ 11-2-309. Absence of Specific Time Provisions; Notice of Termination
§ 11-2-310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation
§ 11-2-311. Options and Cooperation Respecting Performance
§ 11-2-312. Warranty of Title and Against Infringement; Buyer’s Obligation Against Infringement
§ 11-2-313. Express Warranties by Affirmation, Promise, Description, Sample
§ 11-2-314. Implied Warranty: Merchantability; Usage of Trade
§ 11-2-315. Implied Warranty: Fitness for Particular Purpose
§ 11-2-316. Exclusion or Modification of Warranties
§ 11-2-317. Cumulation and Conflict of Warranties Express or Implied
§ 11-2-318. Third Party Beneficiaries of Warranties Express or Implied
§ 11-2-319. f.o.b. and f.a.s. Terms
§ 11-2-320. c.i.f. and C. & F. Terms
§ 11-2-322. Delivery “Ex-ship.”
§ 11-2-323. Form of Bill of Lading Required in Overseas Shipment; “overseas.”
§ 11-2-324. “No Arrival, No Sale” Term
§ 11-2-325. “Letter of Credit” Term; “Confirmed credit.”
§ 11-2-326. Sale on Approval and Sale or Return; Rights of Creditors
§ 11-2-327. Special Incidents of Sale on Approval and Sale or Return