Implied. Third Party Beneficiaries of Warranties Express or Implied. (1) 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. (2) This section does not displace principles of law and equity that extend a warranty to or for the benefit of a buyer to other persons. (3) The operation of this section may not be excluded, modified, or limited by a seller, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the buyer is also effective against any beneficiary designated under this section. Amended by Laws 1988, c. 86, § 83, eff. Nov. 1, 1988.
Notes of Decisions
Moss v. Polyco, Inc., 522 P.2d 622 (Okla. 1974).
· cites it 2× “1971, § 2-715(2)(b)), such recovery arises out of contractual relationships, express or implied and as extended by the Legislature to categories of certain third party beneficiaries found in 12A O.S.1971, § 2-318, i. e., any natural person in the family or household of the…”
Hardesty v. Andro Corp.-Webster Div., 555 P.2d 1030 (Okla. 1976).
“He believes 12A O.S.1971, § 2-318 may be modified by judicial decree through discretion to extend warranty protection beyond those parties in privity, and beyond those limited parties described in § 2-318.”
Murray v. D & J Motor Co., Inc., 1998 OK CIV APP 69 (Okla. Civ. App. 1998).
“7 This is consistent with Comment 4 of 12A O.S.1991, § 2-318 providing: In view of the principle that the whole purpose of the law of warranty is to determine what it is that the seller has in essence agreed to sell, the policy is adopted of those cases which refuse except in…”
Hester v. Purex Corp. Ltd., 534 P.2d 1306 (Okla. 1975).
· cites it 2× “in 1961, the present wording of 12A O.S.1971 § 2-318 2 was the only suggested text recommended by its authors; since that time, however, in 1966, the following alternative paragraphs to #2-318 have been offered for adoption by *1308 state legislatures by the Permanent Editorial…”
Black v. Littleton, 532 P.2d 486 (Okla. Civ. App. 1975).
“We believe he would be a proper party as provided for under 12A O.S. 1971, § 2-318, as follows: “Third Party Beneficiaries of Warranties Express or Implied.”
O'NEAL v. Black & Decker Mfg. Co., 523 P.2d 614 (Okla. 1974).
“What convinces us further that Speed Fasteners should be classified as manufacturers’ products liability is the discussion therein by that Court of the particular defenses peculiar to manufacturers’ products liability, viz, improper or misuse of product and the court’s refusal…”
— Okla. Stat. tit. 12A, § 2-318(1) — 1 case
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