Warranties in Sales of Goods Contracts

Question 1

Implied Warranty of Merchantability

Answer 1

• Under Article 2 of the UCC, the Implied Warranty of Merchantability is implied in all sales of goods contracts, and requires that all goods sold by a merchant (a person dealing in goods of the kind) MUST be fit for their ordinary purpose. Once a buyer discovers the breach of a warranty, he may sue for breach of contract.
• To disclaim the implied warranty of merchantability, a merchant must do so expressly in a conspicuous writing.