The Implied Warranty of Habitability and the Use of the Uniform Commercial Code by Analogy

Authors

• Milton Copeland, University of Arkansas School of Law

Keywords

Implied warranty of habitability, Uniform Commercial Code, Residential construction, Warranty law, Arkansas common law

Abstract

This article explores the development of the implied warranty of habitability in Arkansas and examines whether courts should apply Uniform Commercial Code (UCC) principles by analogy in resolving unresolved doctrinal questions. The author analyzes recent Arkansas appellate decisions addressing notice requirements and the interaction between express and implied warranties in residential construction disputes. Emphasizing the judiciary’s prior willingness to borrow from UCC warranty concepts, the article argues that such analogical reasoning promotes doctrinal coherence and predictability. The article concludes that selective application of UCC principles can provide practical guidance to courts and practitioners as the common law warranty continues to evolve.

Recommended Citation

Milton Copeland , The Implied Warranty of Habitability and the Use of the Uniform Commercial Code by Analogy, 1983 Ark. L. Notes