May Implied Warranty Be Disclaimed by Agreement In Texas ?
In G-W-L, Inc. v. Robichaux, 643 S.W.2d 392 (Tex. 1982), the court unanimously held that the implied warranty of fitness created by Humber v. Morton, 426 S.W.2d 554 (Tex. 1968) could be disclaimed by agreement. See Robichaux, 643 S.W.2d at 393.
The court split, however, over the quality of language that must be used to create an effective waiver.
The majority held the language must only be "clear and free from doubt." Id.
The dissent argued that "the better rule is the waiver must be in clear and unequivocal language specifically naming the warranty that is being disclaimed." 643 S.W.2d at 394 (Spears, dissenting).