Tennessee Code Annotated
Tenn. Code Ann. § 47-2-318 (2026)
Third party beneficiaries of warranties express or implied
✓ current as of May 2026
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.
Acts 1963, ch. 81, § 1 (2-318).
Notes of Decisions
Cited in 7
cases, 1968–2012 · leading case: Com. Truck & Trailer Sales, Inc. v. McCampbell, 580 S.W.2d 765 (Tenn. 1979).
Com. Truck & Trailer Sales, Inc. v. McCampbell, 580 S.W.2d 765 (Tenn. 1979). “On appeal, and in the assignments of error made before us, the defending parties have broadened the issues to include an assertion that the decedent was a “total stranger” to the vehicle in question, not in the chain of commercial transactions, nor one of the protected…”
Bank/First Citizens Bank v. Citizens & Assocs., 82 S.W.3d 259 (Tenn. 2002). “Further, the Compilers Notes to section 47-3-103 specifically observe that the UCC’s Article 3 definition of “good faith” has been omitted from the Tennessee statutes, and these Notes permit the General Assembly to correct any unintended oversight should it so desire.”
Baker v. Promark Prods. West, Inc., 692 S.W.2d 844 (Tenn. 1985). “provision dealing with third-party beneficiaries of warranties, T.C.A. § 47-2-318, this Court in McCampbell held that the provisions of § 29-34-104 must be read in conjunction with those of § 47-2-318 and thus the U.”
Strayhorn v. Wyeth Pharm., Inc., 882 F. Supp. 2d 1020 (W.D. Tenn. 2012). “Plaintiffs further contend that § 47-2-318 extends these warranties to any natural person who may reasonably be expected to consume the goods and who suffers an injury by the breach of warranty, thereby making privity of contract unnecessary.”
Leach v. Wiles, 429 S.W.2d 823 (Tenn. Ct. App. 1968). “” (emphasis supplied) It is to be noted that Section 47-2-318 only applies to personal injury cases and, therefore, has no application in the instant case, but we will discuss it later in this opinion.”
Charles C. Hodge v. Serv. Mach. Co., 438 F.2d 347 (6th Cir. 1971). “Tenn.Code Ann. § 47-2-318 (1963). The Appellant did not have a cause of action in tort until he sustained his injury.”
McConkey v. McGhan Med. Corp., 144 F. Supp. 2d 958 (E.D. Tenn. 2000). “See Tenn.Code Ann. §§ 47-2-318(l)(a), 47-2-314(1), and 47-2-315 (1998).”
— Tenn. Code Ann. § 47-2-318(l)(a) — 1 case
McConkey v. McGhan Med. Corp., 144 F. Supp. 2d 958 (E.D. Tenn. 2000). “See Tenn.Code Ann. §§ 47-2-318(l)(a), 47-2-314(1), and 47-2-315 (1998).”
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