2025 Session Last amended: 1989 session

§ 336.2A-215 — Cumulation and Conflict of Warranties Express or Implied

Plain-Language Summary

In a lease, express and implied warranties are read as consistent and cumulative when reasonable. If that reading is unreasonable, the parties' intention decides which warranty controls, using three rules: exact or technical specifications displace an inconsistent sample, model, or general description; a sample from an existing bulk displaces inconsistent general description; and express warranties displace inconsistent implied warranties, except an implied warranty of fitness for a particular purpose.

336.2A-215 CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED.

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:

(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistent general language of description.

(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

History:

1989 c 232 art 1 s 2A-215

History: History: 1989 c 232 art 1 s 2A-215

Practical Notes

If a lease contains warranties that seem to conflict, read them together when reasonable. When they cannot be reconciled, specific terms generally outweigh general ones, and express promises override implied ones, but an express warranty does not override an implied warranty of fitness for a particular purpose.

Source: Minnesota Office of the Revisor of Statutes