(810 ILCS 5/2-312) (from Ch. 26, par. 2-312)
Sec. 2-312.
Warranty of title and against infringement; buyer's obligation against
infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty
by the seller that
(a) the title conveyed shall be good, and its |
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(b) the goods shall be delivered free from any
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| security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
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(2) A warranty under subsection (1) will be excluded or modified only by
specific language or by circumstances which give the buyer reason to know
that the person selling does not claim title in himself or that he is
purporting to sell only such right or title as he or a third person may
have.
(3) 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.
(Source: Laws 1961, p. 2101 .)
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