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Jury Instruction - Implied Warranty of Merchantability and Fitness - Mississippi

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

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The document outlines jury instructions in a negligence case in Mississippi, stating that if the defendant is found negligent or has breached implied warranties related to a purchased vehicle, the plaintiffs are entitled to actual damages and may also receive compensation for repair costs, maintenance, storage, and loss of use.

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What is the implied warranty of merchantability or fitness?

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.

What is the implied warranty of fitness and merchantability?

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.

What is an example of fitness for a particular 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.

What is required for a person to invoke the implied warranty of merchantability?

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.

What is the implied warranty of merchantability in Mississippi?

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.

How to waive an implied warranty of merchantability?

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.

What is a warranty of fitness?

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.

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

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What is the implied warranty of merchantability or fitness?

What is the implied warranty of fitness and merchantability?

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What is required for a person to invoke the implied warranty of merchantability?

What is the implied warranty of merchantability in Mississippi?

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

Here's how it works

How to quickly redact Jury Instruction - Implied Warranty of Merchantability and Fitness - Mississippi online

Complete this form in 5 minutes or less

Got questions?

What is the implied warranty of merchantability or fitness?

What is the implied warranty of fitness and merchantability?

What is an example of fitness for a particular purpose?

What is required for a person to invoke the implied warranty of merchantability?

What is the implied warranty of merchantability in Mississippi?

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