Jury Instruction - Implied Warranty of Merchantability and Fitness - Mississippi 2025

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An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold.
The implied warranty of merchantability means the goods are merchantable and conform to a reasonable buyers expectations. Most consumer products have an implied warranty of merchantability. This warranty makes the assumption that a good or product works for its intended purpose.
Under the Uniform Commercial Code (UCC), the implied warranty of fitness for a particular purpose arises where, at the time of contracting, the seller has reason to know the particular purpose for which the buyer is purchasing the goods and that the buyer is relying on the sellers skill or judgment to suitable goods.
An implied warranty of merchantability on a used product is a promise that it can be used as expected, given its type and price range. As with new merchandise, implied warranties on used merchandise apply only when the seller is a merchant who deals in such goods, not when a sale is made by a private individual.
In Mississippi, used cars less than 6 years old and driven less than 75,000 miles have an implied warranty of merchantability unless this is disclaimed as a special form. The most common type of implied warranty is the warranty of merchantability.
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To disclaim the warranty of merchantability in the relevant agreement, the written contract must contain a conspicuous disclaimer that either: (1) expressly identifies merchantability or (2) includes an expression stating that the goods are sold as is or with all faults.
Fitness for a particular purpose means that something is suitable for a specific use or need. For example, if you buy a bike for racing, it should be fit for that purpose and able to perform well in races. This is an important promise that sellers make to buyers, and it is called a warranty.

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