70A-2-312 - Warranty of title and against infringement -- Buyer's obligation against infringement. - Utah Statutes

70A-2-312. Warranty of title and against infringement -- Buyer's obligation againstinfringement.

(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 orencumbrance 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 specificlanguage or by circumstances which give the buyer reason to know that the person selling doesnot claim title in himself or that he is purporting to sell only such right or title as he or a thirdperson may have.
(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of thekind warrants that the goods shall be delivered free of the rightful claim of any third person byway of infringement or the like but a buyer who furnishes specifications to the seller must holdthe seller harmless against any such claim which arises out of compliance with the specifications.

Enacted by Chapter 154, 1965 General Session