Mississippi Code
Miss. Code Ann. § 11-7-18 (2026)
Limitation of remedies or disclaimer of liability as to certain implied warranties in sale to consumer of consumer goods prohibited
✓ current as of July 2026
Except as otherwise provided in Sections 75-2-314, 75-2-315 and 75-2-719, there shall be no limitation of remedies or disclaimer of liability as to any implied warranty of merchantability or fitness for a particular purpose in a sale to a consumer, as defined in Section 75-1-201(b)(11), of consumer goods, as defined in Section 75-9-102(a)(23). The provisions of this section may not be waived or varied by agreement.
Laws, 1976, ch. 385, § 3; Laws, 1998, ch. 513, § 5; Laws, 2010, ch. 506, § 1, eff. 7/1/2010.
Amended by Laws, 2014, ch. 312, HB 96, 5, eff. 7/1/2014.
Notes of Decisions
Cited in 18
cases, 1986–2017 · leading case: Smith v. Orkin Exterminating Co., Inc., 791 F. Supp. 1137 (S.D. Miss. 1990).
Smith v. Orkin Exterminating Co., Inc., 791 F. Supp. 1137 (S.D. Miss. 1990). “The holding in Stribling Brothers has been limited by the adoption of Miss.Code Ann. § 11-7-18 3 and the Uniform Commercial Code [UCC], Miss.”
Little v. v. & G Welding Supply, Inc., 704 So. 2d 1336 (Miss. 1997). “Miss. Code Ann. § 11-7-18 (1994); Gast v.”
Burley Ex Rel. Hill v. Douglas, 26 So. 3d 1013 (Miss. 2009). “If the deceased have neither husband, nor wife, nor children, nor father, nor mother, nor sister, nor brother, then the damages shall go to the legal representative, subject to debts and general distribution, and the fact that the deceased was instantly killed shall not affect…”
McKee v. Bowers Window & Door Co., 64 So. 3d 926 (Miss. 2011). “” Miss.Code Ann. § 11-7-18 (Rev.2002). See also Miss.”
Fedders Corp. v. Boatright, 493 So. 2d 301 (Miss. 1986). “Miss. Code Ann. § 11-7-18 (1972) provides: § 11-7-18.”
Beck Enter., Inc. v. Hester, 512 So. 2d 672 (Miss. 1987). “Miss. Code Ann. § 11-7-18 (1972); Miss. Code Ann.”
JL Teel Co., Inc. v. Houston United Sales, 491 So. 2d 851 (Miss. 1986). “That effort at private law-making in turn is met by Miss. Code Ann. § 11-7-18 (Supp. 1985) which holds inoperative any such disclaimer of warranties.”
Gast v. Rogers-Dingus Chevrolet, 585 So. 2d 725 (Miss. 1991). “Miss. Code Ann. § 11-7-18 (Supp. 1990); Miss.”
Briscoe's Foodland v. Capital Assocs., 502 So. 2d 619 (Miss. 1986). “Beyond this I note that Miss. Code Ann. § 11-7-18 (1972) purports to save certain warranties from any purported disclaimer.”
State Farm Mut. Auto. v. Ford Motor Co., 736 So. 2d 384 (Miss. Ct. App. 1999). “Miss Code Ann. § 11-7-18 (Supp.1998). Moreover, our case law clearly holds that the implied warranty of merchantability applies to the sale of used vehicles.”
Apache Prods. Co. v. Employers Ins. of Wausau, 154 F.R.D. 650 (S.D. Miss. 1994). “” Miss.Code Ann. § 11-7-18. . As its fourth defense, Stepan stated: .”
Steel Dynamics Columbus, LLC v. Altech Env't USA Corp., 273 F. Supp. 3d 627 (N.D. Miss. 2017). “” Miss. Code Ann. § 11-7-18 (2010). Steel concedes that it is a non-consumer and that the OEMS are non-consumer goods.”
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