This is the 2025 edition of the code. This is the current edition. Browse all editions.

§ 8.2A-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

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 “Acts” aren’t available online.

1991, c. 536.

Download