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AMI 2512 Implied Warranty of Title and Against Infringements

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2512
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 25. UCC Sales Contracts
AMI 2512 Implied Warranty of Title and Against Infringements
[Unless excluded or modified,] there is in a contract for sale a warranty by the seller that [the title conveyed shall be good, and its transfer rightful][and][the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge].
[The warranty can only be excluded or modified by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in [himself][herself][itself] or that [he] [she][it] is purporting to sell only such right or title as [he][she][it] or a third person may have.]
[Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like, but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.]
NOTE ON USE
Use this instruction when the plaintiff claims a breach of the warranty of title or against infringements. Use the first bracketed phrase if there is an issue of exclusion or modification of the warranty and also use AMI 2514. Use the other bracketed paragraphs as warranted by the evidence.
COMMENT
This instruction is based on Ark. Code Ann. § 4-2-312.
It is not necessary to prove that the goods are stolen in order to establish a breach of this warranty. Smith v. Russ, 70 Ark. App. 23, 13 S.W.3d 920 (2000) (car dealer was unable to provide purchaser with a certificate of title to the vehicle sold, nor could purchaser obtain a title).
A person who holds himself out as the owner to the buyer may be liable for breach of this warranty. Fields v. Sugar, 251 Ark. 1062, 476 S.W.2d 814 (1972).
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