What are the elements of implied warranty of merchantability?
For goods to be merchantable, they must be at least such as: (a) pass without objection in the trade under the contract description; and. (b) in the case of fungible goods, are of fair average quality within the description; and. (c) are fit for the ordinary purposes for which such goods are used; and.
What is the meaning of merchantability?
Merchantable. Salable; of quality and type ordinarily acceptable among vendors and buyers. An item is deemed merchantable if it is reasonably fit for the ordinary purposes for which such products are manufactured and sold. In general, a seller or manufacturer is required by law to make products of merchantable quality.
Can you disclaim warranty of merchantability?
The Uniform Commercial Code (UCC) permits sellers of goods to disclaim the implied warranty of merchantability. The UCC requires the disclaimer to be in conspicuous type. In some states, the UCC is interpreted in such a way that disclaimers are not allowed in any way, shape, or form.
What is the legal definition of ex post facto?
Related to ex post facto: Ex post facto law. adj. Latin for “after the fact,” which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U. S. Constitution, Article I, Section 9.
What can be invoked in a warranty dispute?
In a warranty dispute, one of the most frequently invoked implied warranties under the UCC is the warranty of fitness for a particular purpose.
When is the warranty of fitness for a particular purpose implied?
The warranty of fitness for a particular purpose will be implied by law if, at the time of contracting, a seller has reason to know (1) the purpose for which the goods are required and (2) that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods.12
Can a Michigan Court AD-dress an express warranty?
Although Michigan courts have not ad – dressed the issue directly, ignorance of a buyer’s purpose is unlikely to save a seller from an express warranty that goods will be fit for the buyer’s intended purpose.