UCC Warranty Disclaimers and the “No Waiver” Provision of the Deceptive Trade Practices and Consumer Protection Act: Can the Conflict be Resolved?
Harris, Amy S.
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Section 2.316 of the Texas UCC and the "no waiver" provision of the DTPA were both designed to protect consumers' interests. Section 2.316, however, provides a means by which a warranty can be waived or disclaimed while the “no waiver” provision declares any such waiver to be void and unenforceable as against public policy. Although the effectiveness of one provision should not be inconsistent with or interfere with the other, Texas courts have repeatedly faced problems stemming from the conflict between section 2.316 and the "no waiver" provision. This comment will attempt to examine this conflict, evaluate the Texas courts' treatment of the problem, and discuss possible means of harmonizing the two provisions.
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