Implied Warranty of Merchantability
The implied warranty of merchantability means that a merchant is liable if he provides a consumer with a product that 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 seller for a special purpose and the seller knows (or should know) that the buyer is relying on the seller special knowledge or judgment to furnish a product that is suitable for that purpose.
For example, let’s say a person sells fishing rods. He knows that a customer needs a fishing rod for deep sea fishing. The consumer is relying on the seller’s judgment to supply a fishing rod that is suitable for deep sea fishing. If the seller provides a fishing rod that is suitable for regular fishing but not suitable for deep sea fishing he breached the implied warranty of fitness for a particular purpose.
The Uniform Commercial Code codifies the implied warranty of fitness for a particular purpose at UCC 2-315.
