Warranty of Merchantability

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Related to Implied warranty: Implied warranty of habitability

Warranty of Merchantability

A guarantee by a seller that a good or service reasonably meets the buyer's expectations. For example, if one buys a telephone, the warranty of merchantability requires the seller to ensure that the phone is able to make and receive calls. The warranty of merchantability is implied unless the seller specifically states otherwise. See also: Caveat emptor.
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Specifically, but without limiting the generality of the fore-going, SELLER HEREBY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF HABITABILITY CREATED BY THE ILLINOIS CASE OF PETERSEN v.
23) The act allows a consumer to bring suit against a warrantor in any state for failure to comply with its obligations under a written or implied warranty.
A corollary to the implied warranty of merchantability's somewhat general coverage is the more specific coverage of the implied warranty of fitness for a particular purpose.
The ability to disclaim the implied warranty of merchantability is also limited when a written warranty or service contract is provided.
A limited warranty sufficient to exclude or modify a housing merchant implied warranty must be written in plain English and must clearly disclose that the warranty is a limited warranty which limits implied warranties on the sale of the new home and the words "limited warranty" must be clearly and conspicuously captioned at the beginning of the warranty document.
Under the implied warranty of good workmanship, the home must be built to the standard of quality prevailing at the time and place of construction.
Here, the concern is with the implied warranty of merchantability.
The "warranty of merchantability" is the most common type of implied warranty.
Although noting that the dismissal of the medical monitoring and implied warranty claims rendered plaintiffs' class certification request moot, the Court commented, "Although the certification motion is no longer before the Court, the Court does note its concern that individual issues, especially questions of comparative fault - a defense that seems to be available to Philip Morris notwithstanding the fact that the plaintiffs are asking only for equitable relief - would likely defeat any effort to certify a class in this litigation.
Because a rational supplier of housing units must consider the added expenses that inevitably flow from the potential for or the defense of future litigation asserting a breach of this judicial innovation, the implied warranty inevitably increases the costs of developing and acquiring a home.
These special implied warranties are twofold: the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose.