§490:2-312  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
transfer rightful; and



(b) 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.



(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. [L 1965, c 208, §2-312; HRS §490:2-312]



 



Case Notes



 



  Subsection (2) cited with respect to sale of a motor
vehicle.  2 H. App. 308, 631 P.2d 594.



  Seller without title to vehicle not precluded from being a
"seller".  4 H. App. 265, 664 P.2d 755.