Warranty of Merchantability


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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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It establishes a breach of the warranty of merchantability. However, resolution of this scenario depends on which party bears the risk of loss, which as discussed earlier is also dependent on the contract terms.
FDA advisory warnings' impact on contract obligations: reprinted from the U.S. Department of Agriculture's (USDA) Perishable Agricultural Commodities Act (PACA) administrative newsletter, Summer 2007
These special implied warranties are twofold: the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose.
Often overlooked implied warranties apply to a host of sales
Typically, this does not involve an express warranty but, rather, a potential breach of implied warranty of merchantability or fitness for a particular purpose.
Recouping workers' comp claims
The implied warranty of merchantability provides that in every sale by a merchant dealing in goods of the kind sold, there is an implied warranty that the goods are fit for ordinary use.
Commercial contract liability: to protect profit and provide some certainty regarding contract risk, a key element of all commercial contracts for goods and services is the allocation of contract liabilities among the parties
(11) The UCC recognizes two types of these warranties: (1) the implied warranty of merchantability; and (2) the implied warranty of fitness for a particular purpose.
TJAGSA practice notes: faculty, the judge advocate general's school
These implied warranties are, of course, the implied warranty of merchantability, and, under some circumstances, the implied warranty of fitness for a particular purpose.
Warranty: an effective disclaimer?
Monsanto Company, et al., 77 F.3d 5 (2017) Significant holding: The District Court properly granted summary judgment on breach of implied warranty of merchantability, where the plaintiff failed to show that health risks of PCBs were known during the relevant period.
Key federal, state court product liability holdings in 17
That means the sites are disclaiming the so-called implied warranty of merchantability, an unwritten assurance that generally gives you the right to reject defective merchandise, even months after purchase.
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The suit seeks unspecified monetary damages for conscious pain and suffering and wrongful death under claims alleging negligent design, manufacture, marketing and sale; negligent failure to warn and instruct; breach of implied warranty of merchantability; and negligent sale, service and repair.
`Bird' family files lawsuit; Fidrych case targets truck

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