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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1941

Citation
Section 1941
Parent Document
Knight v. Hallsthammar, 623 P.2d 268 (1981)
Jurisdiction
California (state)
Effective Date
1981-02-13

Other Sections in This Document (192)

Full Text

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Second, much of the reasoning in Green reflects that in appropriate circumstances the implied warranty may be waived. Thus, in Green we analogized to the implied warranty of fitness and merchantability in the sale of goods. (10 Cal.3d at p. 626.) In such sale, the circumstances may negative or exclude the implied warranties. (Cal.U. Com. Code, § 2316; 2 Witkin, Summary of Cal. Law (8th ed. 1973) pp. 1146-1147.) Again, what are the expectations of the parties?