Jury Instruction - Implied Warranty of Merchantability and Fitness - Mississippi: Fill out & sign online

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What is an example of implied warranty of merchantability?

In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary use. For example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to.

What is an implied warranty of fitness?

An implied warranty of fitness for a particular purpose occurs if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer. The seller then guarantees that the item is fit for that particular purpose.

What is an implied warranty example?

For example, if you tell a salesman you want a saw for cutting metal and it turns out it wont cut through metal, you may return the item under the implied warranty of fitness. With the warranty of fitness, the good or product works fine, but it does not meet the buyers intended use.

What does implied warranty of merchantability mean?

An implied warranty of merchantability is a type of warranty defined in U.C.C. 2-314. U.C.C. 2-314(1) states that, unless otherwise excluded or modified, a warranty that the goods are merchantable is implied in a contract for sale if the seller is a merchant of these sorts of goods.

How long is an implied warranty good for?

Generally, there is no specified duration for implied warranties under state laws. However, the state statutes of limitations for bdocHub of either an express or an implied warranty are generally four years from date of purchase.

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