Mich. Comp. Laws » Michigan Compiled Laws / Chapter 440 / Act 174 of 1962
Michigan Compiled Laws

Mich. Comp. Laws § 440.2318 (2026)

Warranties; third party beneficiaries.

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UNIFORM COMMERCIAL CODE


Act 174 of 1962


440.2318 Warranties; third party beneficiaries.

Sec. 2318.

    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 section.

History: 1962, Act 174, Eff. Jan. 1, 1964

Notes of Decisions
Cited in 8 cases, 1970–2009 · leading case: Heritage Resources, Inc. v. Caterpillar Fin. Servs. Corp., 774 N.W.2d 332 (Mich. Ct. App. 2009).
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Heritage Resources, Inc. v. Caterpillar Fin. Servs. Corp., 774 N.W.2d 332 (Mich. Ct. App. 2009). · cites it 2× “Similarly, it is unclear whether the adoption of the UCC—and in particular Alternative A of UCC § 2-318, codified in Michigan as MCL 440.2318—has in any way affected the continued viability of Piercefield and Spence , neither of which was decided under the UCC.”
Cova v. Harley Davidson Motor Co., 182 N.W.2d 800 (Mich. Ct. App. 1970). · cites it 2× “” See Official UCC comment to § 2-318, reprinted 21 MCLA § 440.2318, p 364. 14 See, Browne v.”
Par. v. B F Goodrich Co., 235 N.W.2d 570 (Mich. 1975). · cites it 2× “8 Although UCC §2-318 (MCLA 440.2318; MSA 19.2318) has increased the number of persons in privity with a seller, a number of courts have held that the § 2-725 requirement of a "contract for sale” still remains and that the personal injury statute of limitations applies where…”
Jones v. United Metal Recyclers, 825 F. Supp. 1288 (W.D. Mich. 1993). · cites it 4× “Mich.Comp.Laws Ann. § 440.2318, official comment, ¶ 3; Mich.”
N. Feldman & Son, Ltd. v. Checker Motors Corp., 572 F. Supp. 310 (S.D.N.Y. 1983). “The warranties’ reach, however, is expanded somewhat by Mich.Comp.Laws Ann. § 440.2318 which provides: A seller’s warranty whether express or implied extends to any natural person who is in the family or household of the buyer or who is a guest in his home if it is reasonable to…”
Ramos v. Holmberg, 241 N.W.2d 253 (Mich. Ct. App. 1976). · cites it 2× “MCLA 440.2318; MSA 19.2318. However, privity of contract is not required in Michigan.”
Frankenmuth Mut. Ins. v. Ace Hardware Corp., 899 F. Supp. 348 (W.D. Mich. 1995). “…to any natural person in the household of the buyer who is injured in person by breach of the warranty. M.C.L. § 440.2318; M.S.A. § 19.2318.”
Parrish v. B F Goodrich Co., 207 N.W.2d 422 (Mich. Ct. App. 1973). “Whether she is within the ambit of MCLA 440.2318; MSA 19.2318, we do not now decide.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.