Also known as: Alt. B · Alternative B provision
Written by attorneys · grounded in primary & secondary sources — see below
A statutory drafting option in uniform acts that supplies a specific formulation of a rule.
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After a court in State A enters a dissolution decree without personal jurisdiction over spouse Adrian Aguilar, spouse Amelia Amari files in State B for property disposition. The court assigns Adrian's separate property to Adrian and divides the community property in just proportions after weighing the statutory factors, without regard to any marital misconduct.
Atlas Ventures sells a vehicle to a buyer who later lends it to employee Antonio Alvarado. When a defect causes personal injury to Antonio, he sues the seller for breach of implied warranty. Because the jurisdiction has enacted Alternative B, Antonio may recover even though he lacked privity with the seller.
Alternative B removes the family-household-guest limitation found in Alternative A and extends warranty protection to any natural person who may reasonably be expected to use or be affected by the goods and who suffers personal injury from the breach.
Supporting sources
It directs the court to assign each spouse's separate property to that spouse and to divide community property in just proportions after considering all relevant factors, without regard to marital misconduct.
Supporting sources
Yes. The language reaches any natural person reasonably expected to use the goods, so the seller's warranty is not limited to the immediate buyer or those in close privity.
…injury claims and commercial claims based on implied warranty is further manifested by the Legislature's decision to adopt alternative B of the three formulations proposed by the National Conference of the Commissioners on Uniform State Laws, the alternative which removed the requirement of privity in personal injury claims…