§ 6A-2-312. Warranty of title and against infringement — Buyer’s obligation against infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and
(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
(2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in him or herself or that he or she is purporting to sell only such right or title as he or she or a third person may have.
(3) Unless otherwise agreed, a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like, but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.
History of Section.P.L. 1960, ch. 147, § 1.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Part 3 - General Obligation and Construction of Contract
Section 6A-2-301. - General obligations of parties.
Section 6A-2-302. - Unconscionable contract or clause.
Section 6A-2-303. - Allocation or division of risks.
Section 6A-2-304. - Price payable in money, goods, realty, or otherwise.
Section 6A-2-305. - Open price term.
Section 6A-2-306. - Output, requirements, and exclusive dealings.
Section 6A-2-307. - Delivery in single lot or several lots.
Section 6A-2-308. - Absence of specified place for delivery.
Section 6A-2-309. - Absence of specific time provisions — Notice of termination.
Section 6A-2-311. - Options and cooperation respecting performance.
Section 6A-2-313. - Express warranties by affirmation, promise, description, or sample.
Section 6A-2-314. - Implied warranty — Merchantability — Usage of trade.
Section 6A-2-315. - Implied warranty — Fitness for particular purpose.
Section 6A-2-316. - Exclusion or modification of warranties.
Section 6A-2-317. - Cumulation and conflict of warranties express or implied.
Section 6A-2-318. - Third party beneficiaries of warranties express or implied.
Section 6A-2-319. - F.O.B. and F.A.S. terms.
Section 6A-2-320. - C.I.F. and C. & F. terms.
Section 6A-2-322. - Delivery “ex-ship”.
Section 6A-2-323. - Form of bill of lading required in overseas shipment — “Overseas”.
Section 6A-2-324. - “No arrival, no sale” term.
Section 6A-2-325. - “Letter of credit” term — “Confirmed credit”.
Section 6A-2-326. - Sale on approval and sale or return — Rights of creditors.
Section 6A-2-327. - Special incidents of sale on approval and sale or return.