Implied Warranty: Understanding The Unspoken Promises

An implied warranty is a legal term for the assurance that a product is fit for its intended purpose and meets the buyer's expectations. It is a guarantee that is not written down or explicitly spoken. The two key types of implied warranties are merchantability and fitness. Merchantability says that a product will meet reasonable expectations, while fitness means the product meets the buyer’s intended use. An implied warranty of habitability is the landlord’s obligation to residential leases, and this warranty doesn't expire. The warranty of merchantability is implied unless expressly disclaimed, and it means the goods are merchantable and conform to a reasonable buyer’s expectations.

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Implied warranty of merchantability

An implied warranty is a legal term that assures a product is fit for its intended purpose and conforms to a buyer's expectations. It is a promise about a product that the seller never explicitly makes. Instead, it is implied through the salesperson's assurance or recommendation of an item for a specific purpose. The two key types of implied warranties are merchantability and fitness.

The implied warranty of merchantability is a type of warranty defined in U.C.C. § 2-314. It states that a warranty that goods are merchantable is implied in a contract for sale if the seller is a merchant of these sorts of goods. In other words, if the seller deals in these particular goods or holds themselves out to others as having knowledge or skill particular to the practices or goods involved in the transaction, it is implied that each time they sell this good, they promise that the good is fit for its ordinary purposes. This warranty arises by operation of the law and is independent of anything the seller may say or do.

The implied warranty of merchantability means that goods are merchantable and conform to a reasonable buyer's expectations. Most consumer products have an implied warranty of merchantability. This warranty assumes that a good or product works for its intended purpose, applying to both new and used items. For example, fruit that appears fresh but has hidden defects would violate the implied warranty of merchantability. All the food in a grocery store has an implied warranty as consumers assume it is fresh and edible, which is why they get a refund if it is not.

The implied warranty of merchantability can be waived in certain situations. For instance, in Webster v. Blue Ship Tea Room, 347 Mass. 421, 198 N.E.2d 309 (1964), the plaintiff ate a piece of bone while eating fish chowder and was subsequently injured. However, the court found that the plaintiff had waived the implied warranty of merchantability because they voluntarily ordered fish chowder, were familiar with it, and it is natural to expect fish bones in fish chowder.

Implied warranty of fitness

An implied warranty is a legal term for the assurance that a product is fit for its intended purpose and meets the buyer's expectations. This is distinct from an express warranty, which is a specific promise made by the seller. Implied warranties are governed by state laws, not federal laws, and they are unwritten.

The warranty of fitness for a particular purpose is one type of implied warranty. This warranty is implied when a buyer relies on the seller to select the goods to fit a specific request. For example, if a buyer asks a mechanic for snow tires and receives tires that are unsafe to use in the snow, the implied warranty of fitness for a particular purpose has been violated.

In some cases, the implied warranty of fitness for a particular purpose can be expressly disclaimed, shifting the risk of unfitness back to the buyer. For example, in the case of Keith v. Buchanan, the plaintiff bought a boat from the defendant with the expectation that it would be "seaworthy." However, since the plaintiff's experienced friend examined the boat before the purchase, the Court ruled that the plaintiff waived the implied warranty of fitness for a particular purpose.

The warranty of fitness for a particular purpose is also related to the implied warranty of merchantability, which states that goods must reasonably conform to an ordinary buyer's expectations. In other words, the goods must be what they appear to be. For example, fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability.

In certain jurisdictions, such as Massachusetts, there are limitations on the ability of sellers or manufacturers to disclaim the implied warranty of merchantability or fitness. Additionally, the warranty of habitability, which applies to leases of real property, generally cannot be disclaimed.

Implied warranty of habitability

An implied warranty is a legal term for the assurance that a product is fit for its intended purpose and meets the buyer's expectations. It is governed by state laws, not federal laws, and is unwritten. The two key types of implied warranties are merchantability and fitness.

The implied warranty of habitability is a type of implied warranty in residential leases by most jurisdictions. It is an understood promise that a rental unit will be suitable for living. This warranty requires landlords to keep their property habitable, even if the lease does not specifically require them to make repairs. "Habitability" is typically defined as property in substantial compliance with the local housing code.

The implied warranty of habitability was first found in Javins v. First National Realty Corp. Due to this implied warranty, a tenant's obligation to pay rent is contingent upon the property's habitability, and a tenant is free to withhold rent if they believe their home is not up to the required standards. This warranty is usually coupled with retaliatory eviction rules, which prohibit landlords from punishing tenants who complain about housing code violations.

States have varying standards on what it takes for a dwelling unit to be considered fit for human habitation. However, there are common items that most courts across the United States consider important, such as minimum safety, repairs, and maintenance requirements. For example, most states would consider the lack of hot water in a rental property a necessary repair, and failure to address it could put the landlord at odds with local housing codes.

The warranty of habitability cannot be waived in a lease because it is a legal duty imposed on the landlord as a matter of law. It only covers serious problems, such as a lack of adequate heat in the winter, inadequate or unsafe electrical service, lack of drinkable water, malfunctioning sewage systems, and serious leaks or other structural problems resulting in unsafe or unsanitary conditions.

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Implied warranty of marketability

An implied warranty is a legal term for the assurance that a product is fit for its intended purpose and meets the buyer's expectations. It is an unspoken guarantee that arises by operation of law and is independent of any explicit warranty provided by the seller. The two key types of implied warranties are merchantability and fitness.

The implied warranty of merchantability is a promise that a product meets the standards for its intended use and conforms to a buyer's reasonable expectations. In other words, it assures that the product is of comparable quality to similar goods in the market and is free from defects. This warranty applies when the seller is a merchant dealing in such goods or holds themselves out as having knowledge or skill regarding the goods. For example, if you buy a toaster, you can expect it to toast bread effectively without becoming a fire hazard.

The warranty of merchantability is implied unless expressly disclaimed or the sale is identified as "as is" or "with all faults." It protects consumers by allowing them to pursue compensation if the product is defective or fails to meet their reasonable expectations. This warranty is governed by state laws, and most states require four years of coverage under this warranty.

The implied warranty of merchantability should not be confused with the implied warranty of fitness for a particular purpose, which applies when the seller has expertise in a specific area and the buyer relies on their skill to select suitable goods. For instance, if you consult a pharmacist for a medical device recommendation, you inherently assume their expertise.

In summary, the implied warranty of merchantability is a legal assurance that a product meets industry standards and is fit for its intended use, protecting consumers from defective or unsatisfactory goods.

Affirmation of facts of goods

An implied warranty is a legal term for the assurance that a product is fit for its intended purpose and meets the buyer's expectations. It is a promise about a product that the seller never explicitly makes. Instead, this unique type of warranty arises from the law, rather than a specific contract or store policy. In other words, it is a warranty that applies by default to most products and services.

Affirmation of the facts of the goods is one of the ways in which an implied warranty can be constituted. This is when a seller makes affirmations of fact about the goods during a bargain, and these affirmations become part of the description of those goods. For example, a salesperson might recommend a specific blender for making frozen cocktails. If the recommended blender does not have enough power to crush ice cubes, the buyer may return the item under its implied warranty of fitness. In this case, the salesperson affirmed the fact that the blender could crush ice cubes, which became part of the description of the product.

Affirmations of fact by the seller do not need to be made with the specific intention of creating a warranty. Instead, they are often regarded as part of the description of the goods. However, if the seller wishes to remove these affirmations from the agreement, clear affirmative proof is required. This means that any facts or statements made by the seller during a bargain are usually considered part of the agreement, unless proven otherwise.

It is important to note that implied warranties are governed by state laws, not federal laws. This means that the specific regulations and protections provided by implied warranties may vary depending on the state in which the transaction takes place. While written warranties are protected by the federal Magnuson-Moss Warranty Act, implied warranties are unwritten and therefore not covered by federal law.

In summary, affirmation of the facts of goods is a key aspect of implied warranties. It refers to the statements or affirmations made by the seller about the goods during a bargain, which become part of the agreement unless proven otherwise. This provides consumers with protection and the ability to return goods that do not meet their expected quality or purpose.

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