Del. C. » Title 6 — SUBTITLE I · Commerce and Trade · Part 3
Delaware Code

6 Del. C. § 2-318 (2026)

Third party beneficiaries of warranties express or implied

✓ current as of May 2026
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A seller’s warranty whether express or implied extends to any natural person who may reasonably be expected to use, consume or be affected by the goods and who is injured by breach of the warranty. A seller may not exclude or limit the operation of this section.

5A Del. C. 1953, §§  2-318;  55 Del. Laws, c. 349.; 
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1976–2023 · leading case: Martin v. Ryder Truck Rental, Inc., 353 A.2d 581 (Del. 1976).
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Martin v. Ryder Truck Rental, Inc., 353 A.2d 581 (Del. 1976). · cites it 5× “Uniform Commercial Code, 6 Del.C. § 2-318, abrogating such privity requirements, was the legislative response to Ciociola .”
Franchetti v. Intercole Automation, Inc., 523 F. Supp. 454 (D. Del. 1981). · cites it 3× “, 6 Del.C. § 2-318, which abrogated the common law requirement of privity.”
Guinan v. A.I. Dupont Hosp. for Child., 597 F. Supp. 2d 485 (E.D. Pa. 2009). · cites it 3× “” 6 Del. C. § 2-318 (2009); see also Coun. of Unit Owners of Sea Colony E.”
S&R Assocs., L.P. v. Shell Oil Co., 725 A.2d 431 (Del. Super. Ct. 1998). “Breach of Warranty under 6 Del. C. § 2-318 Even without the statute of limitations issue, S&R, as a limited partnership, lacks standing to bring a warranty claim under 6 Del.”
Acierno v. Worthy Bros. Pipeline Corp., 656 A.2d 1085 (Del. 1995). “…a method of procedure where one party is claiming as of right something which the other feels to be unwarranted. 6 . 6 Del.C. §§ 2-318, 4-106 and 8-317(1).”
Comer v. Getty Oil Co., 438 A.2d 1239 (Del. Super. Ct. 1981). “Since it is clear that 6 Del.C. § 2-318 creates rights with respect to persons who are not in privity with the seller of goods which did not exist in Delaware prior to enactment of that Section, and since the UCC does not contain language showing a legislative intent to make its…”
Banks v. EIDP, Inc. (D. Del. 2022). · cites it 2× “Plaintiffs’ breach of implied warranty claim arises under 6 Del. C. § 2-318. That section provides that “[a] seller’s warranty whether express or implied extends to any natural person who may reasonably be expected to use, consume or be affected by the goods and who is injured…”
Kathleen M. Szczerba v. Am. Cigarette Outlet, Inc. (Del. Super. Ct. 2016). “the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and (b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he or she desired or has refused to examine the goods there…”
Salinardo v. Bear Trap Spirits, Inc. t/a Banks Wines & Spirits (Del. Super. Ct. 2023). “See also 6 Del. C. § 2-318. 31 2007 WL 1970075, at *1 .”
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