What is an implied warranty of merchantability under the UCC?

According to UCC 2-314, a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. An implied warranty of merchantability may be excluded or modified by words or conduct subject to the provisions of UCC A 2-316.

What are the 3 types of implied warranties?

Under the implied category are three major subtypes: the implied warranty of merchantability (only given by merchants), the implied warranty of fitness for a particular purpose, and the implied warranty of title.

Why is the implied warranty of merchantability so important?

The warranty of merchantability is based off the idea that the seller is in a better state to know whether a product will perform properly. It encourages merchants to ensure the quality of their products before placing them on the market.

What does the warranty of merchantability guarantee?

An implied warranty of merchantability is an unwritten and unspoken guarantee to the buyer that goods purchased conform to ordinary standards of care and that they are of the same average grade, quality, and value as similar goods sold under similar circumstances.

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Mississippi Jury Instruction - Implied Warranty of Merchantability and...

Implied Merchantability

Mississippi Jury Instruction - Implied Warranty of Merchantability and Fitness

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Category:

Mississippi Civil Procedure - Jury Instructions - Motor Vehicle Accidents

State:

Mississippi

Control #:

MS-61946J

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Available formats: Word | Rich Text

Description Merchantability And Fitness

This is a set of sample Jury Instructions, which are to be used in the State of Mississippi. They are to only be used as a model and should be modified to fit your individual cause of action needs.

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