Printable Format84-2a-211. Warranties against interference and against infringement; lessee's obligation against infringement. (1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee's enjoyment of its leasehold interest.
(2) Except in a finance lease there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.
(3) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
History: L. 1991, ch. 295, ยง 20; February 1, 1992.
KANSAS COMMENT, 1996
1. This section is based on the warranty of title of section 84-2-312, but has been modified to reflect that a lessor transfers only a limited interest (rather than title) in the goods. Subsection (1) restores the warranty of quiet possession in lease transactions. Compare Official Comment 1 to 84-2-312. A lessor, including a finance lessor, warrants that there is no claim (excluding an infringement claim) that will interfere with the lessee's enjoyment of the leasehold interest. The warranty is limited, however, to claims or interests "that arose from an act or omission of the lessor."
2. Subsections (2) and (3) come from section 84-2-312(3), with changes only to make the provision applicable to leases. See 1996 Kansas Comment 3 to 84-2-312 for further discussion. Note that the noninfringement warranty of subsection (2) is not made in a finance lease. The provision concerning disclaimers in section 84-2-312(2) is moved to section 84-2a-214(4).