Mississippi Code

Miss. Code Ann. § 75-2-318 (2024)

Third party beneficiaries of warranties express or implied

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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.

Codes, 1942, § 41A:2-318; Laws, 1966, ch. 316, § 2-318, eff. 3/31/1968.


Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1986–2025 · leading case: Price v. Litton Sys. Inc., 784 F.2d 600 (5th Cir. 1986).
Price v. Litton Sys. Inc., 784 F.2d 600 (5th Cir. 1986). · cites it 2× “Miss. Code Ann. § 75-2-318 (1972). 7 Finally, the U.”
Curry v. Sile Distributors & Investarm, S.P.A., 727 F. Supp. 1052 (N.D. Miss. 1990). “Miss.Code Ann. § 75-2-318 (1972). A plaintiff who is injured due to a breach of warranty may recover from each seller of the individual product which caused the injury, as long as the product was defective when each respective seller possessed it.”
Powell v. Worldwide Trucks, LLC, No. 3:23-cv-02985 (S.D. Miss. Jan. 17, 2025). “” See Miss. Code Ann. 75-2-318 (designating third party beneficiaries of express and implied warranties); § 75-2-714 (setting out buyer’s damages with regard to accepted goods).”
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