Terms Used In 13 Guam Code Ann. § 2318

  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
seller’s warranty whether express or implied extends to any person who may reasonably be expected to use, consume or be affected by the goods and who is injured by breach of the warranty. A seller may not exclude or limit the operation of this section with respect to injury to the person of an individual to whom the warranty extends.

COMMENT: Section 2318 is identical to Section 2-318 (Alternative C) of the
1972 Official Text of the Uniform Commercial Code. For purpose and effect, see Official Comment. California omitted a more restrictive, earlier version of this provision on the ground that its case law was already more liberal than that UCC
provision (which was intended as a liberalizing influence.) However, Section 2318 as set forth would seem to conform now to present California case law and its explicit statement is desirable here. It might be noted that Section 2318 provides an additional line of attack for an injured person; it does not limit the person’s remedy resting on negligence or strict product liability. See Official Comment.

COL120106
13 Guam Code Ann. UNIFORM COMMERCIAL CODE
DIV. 2 SALES

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