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Arkansas Code Annotated

Ark. Code Ann. § 4-2-317 (2026)

Cumulation and conflict of warranties express or implied

✓ current as of May 2026
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Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:

  1. Exact or technical specifications displace an inconsistent sample or model or general language of description.
  2. A sample from an existing bulk displaces inconsistent general language of description.
  3. Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

History. Acts 1961, No. 185, § 2-317; A.S.A. 1947, § 85-2-317.

Research References

Ark. L. Notes.

Copeland, The Implied Warranty of Habitability and the Use of the Uniform Commercial Code by Analogy, 1983 Ark. L. Notes 5.

Ark. L. Rev.

Chaney, Comments: Utilization of Disclaimer of Warranty Clauses Under the UCC, 32 Ark. L. Rev. 772.

Case Notes

Applicability.

This section was inapplicable to a contract involving the replacement of roofing material, although legal principles applied. Graham Constr. Co. v. Earl, 362 Ark. 220, 208 S.W.3d 106 (2005).

Merger of Warranties.

If the particular purpose for which goods are to be used coincides with their general functional use, the implied warranty of fitness for a particular purpose merges with the implied warranty of merchantability. Great Dane Trailer Sales, Inc. v. Malvern Pulpwood, Inc., 301 Ark. 436, 785 S.W.2d 13 (1990).

Cited: Wawak v. Stewart, 247 Ark. 1093, 449 S.W.2d 922 (1970); Wingfield v. Page, 278 Ark. 276, 644 S.W.2d 940 (1983).

Notes of Decisions
Cited in 3 cases, 1990–2017 · leading case: Nelson v. MillerCoors, LLC, 246 F. Supp. 3d 666 (E.D.N.Y 2017).
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Nelson v. MillerCoors, LLC, 246 F. Supp. 3d 666 (E.D.N.Y 2017). “§ 47-2317 ; Ark. Code Ann. § 4-2-317 ; Cal. Com. Code § 2317 ; Colo.”
Graham Const. Co., Inc. v. Earl, 208 S.W.3d 106 (Ark. 2005). · cites it 4× “We note that in Ark.Code Ann. § 4-2-317 (Repl.2002), which involves express and implied warranties in the sale of goods, "warranties whether express or implied shall be construed as consistent with each other and as cumulative[.”
Great Dane Trailer Sales, Inc. v. Malvern Pulpwood, Inc., 785 S.W.2d 13 (Ark. 1990). · cites it 2× “Such a holding is certainly consistent with the general rule in Ark. Code Ann. § 4-2-317 (1987), which provides that warranties, express or implied, shall be construed as consistent with each other and as cumulative.”
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