Category: Uniform Laws

What is the difference between an implied warranty of merchantability and an implied warranty of fitness for a particular purpose?

Implied Warranty of Merchantability The implied warranty of merchantability means that a merchant is liable if he provides a consumer with a product has a defect which prevents the consumer from using the product for its normal purpose.  Even if the merchant did not expressly promise that the product would be suitable for normal use, the law imposes this promise.   For example, let’s say Davida buys some lipstick but the lipstick burns her lips because of a chemical contained in the product.  We all know that lipstick is supposed to be applied to a person’s lips – – that is its normal use.  If the lipstick has a chemical that burns people’s lips then the lipstick is not fit for normal use and the merchant breached the implied warranty of merchantability. The Uniform Commercial Code codifies the implied warranty of merchantability at UCC 2-314. Implied Warranty of Fitness for a Particular Purpose The implied warranty of fitness for a particular purpose protects consumers who buy a product from a merchant for a special purpose and the merchant knows (or should know) that the buyer is relying on the merchant’s special knowledge or judgment to furnish a product that is suitable for that purpose. For example, let’s say a merchant sells fishing rods.  He knows that a customer needs a fishing rod for deep sea fishing.  The  consumer is...

Read More

Isn’t it troublesome for each state in the US to have different laws and courts?

I received a number of comments that it seems inefficient for different states to have different laws and legal systems.  Here are a few thoughts on this: 1. Many people might agree with you.  In fact, there are “uniform laws” adopted by most or all the states for precisely that reason – – so that each state will apply the same law.  For example, in connection with business (the Uniform Commercial Code or UCC) and criminal law (the Model Penal Code), many states enacted similar codes.   2. In any event, most laws tend to be fairly similar.  For example, no one could seriously believe that in his home state it would be illegal to start a fire in the lobby of a hotel but that in another state that type of  dangerous activity could possibly be legal. 3. There are some advantages to having different legal systems and statutes in each state.   First, states can specialize in areas of law.  For example, Delaware has well-developed law regarding corporations.  States in the west or south developed useful law regarding cattle branding.  New York is not famous for cattle branding but many people respect New York’s sophisticated commercial laws and courts.   Second, different states can experiment with different laws and states can learn from each other.  For example, California law regarding torts tends to be ahead of the...

Read More