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Simple English definitions for legal terms

implied warranty of merchantability

Read a random definition: majority verdict

A quick definition of implied warranty of merchantability:

An implied warranty of merchantability is a promise that a seller makes when they sell something. It means that the thing they are selling is good enough to be used for what it is supposed to be used for. This promise is automatically made by the seller, even if they don't say anything about it. However, if the buyer looks at the thing they are buying and sees any problems, then the seller is not responsible for those problems. For example, if someone buys fish chowder and finds a bone in it, they can't blame the seller because it is normal to find bones in fish chowder.

A more thorough explanation:

An implied warranty of merchantability is a type of warranty that is automatically included in a contract for the sale of goods, unless it is specifically excluded or modified. This warranty is defined in U.C.C. § 2-314 and applies when the seller is a merchant of the goods being sold.

What does this mean? Essentially, it means that when you buy something from a seller who is in the business of selling that type of item, you can assume that the item is fit for its intended purpose. For example, if you buy a new laptop from an electronics store, you can assume that it will work properly for its intended use as a computer.

However, this warranty only applies if the buyer has not examined the goods and if the defects were not obvious. For example, if you buy a used car and notice that it has a dent in the door, you cannot later claim that the car was not fit for its intended purpose because of the dent.

One example of a case involving the implied warranty of merchantability is Webster v. Blue Ship Tea Room. In this case, the plaintiff ate fish chowder at a restaurant and found a piece of bone in it, which caused injury. The court found that the plaintiff had waived the implied warranty of merchantability because they had voluntarily ordered the fish chowder and were familiar with the dish, so it was reasonable to expect that there might be bones in it.

implied warranty of habitability | impossibility

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babycat
11:28
yeah it’s insane how much better hip flexor stretches can make you feel sometimes
11:28
Probably the most important long term mobility thing you can do
1a2b3c4d26z
11:28
Pigeon stretch GOAT
1a2b3c4d26z
11:29
Stretching was probably the biggest factor in becoming elite in my sport tbh
1a2b3c4d26z
11:29
well mobility in general
m10
11:29
Nah you wanna be wound up tight like a clock. All your parts working in synchronization, never missing a second.
BulbasaurNoLikeCardio
11:30
When I get home I think I will pull up a youtube yoga video and lay out the mat by the fireplace now, feeling guilty I haven't been stretching properly
1a2b3c4d26z
11:30
tighter you are, more potential energy you have. Your body is a spring. It's just physics
m10
11:30
Exactly.
JumpySubsequentDolphin
11:30
yoga classes stress me out
WorthlessAttractiveZombie
11:31
W&L put their scholarship info on the portal for those who were admitted 11/12
m10
11:31
Gotta always be ready to release that energy. Like if I am in a fight at the bar, I just gotta bust out a couple punches. No stretching.
JumpySubsequentDolphin
11:31
the instructor will be like "forget all of the things that youre stressing about" which reminds me of all of the things im stressing about
BulbasaurNoLikeCardio
11:32
I am too competitive to do yoga classes with other people. Try to stretch better or further then hurt myself lmao I am beyond competitive in anything physical.
babycat
11:32
if you guys all pay me to be your lsat tutor I can afford to do Pilates classes
JumpySubsequentDolphin
11:32
hot yoga was fun
JumpySubsequentDolphin
11:32
i loved barre and pilates when i did them together
m10
11:33
Here's an article from Testosterone nation for all you men out there on why stretching is bullshit. https://archive.t-nation.com/training/stretching-is-b-s/
snow
11:36
M so close to crashing out
BulbasaurNoLikeCardio
11:36
@babycat: If the person I am mentoring decides to listen to my advice instead of just discussing my advice I will pay you to tutor her. You seem like a smart, good and well put together person that she can probably learn well from.
babycat
11:37
Aw that’s so sweet Bulbasaur <3
11:39
@m10: stretching absolutely helps with tight tendons lol
11:39
now kiss
m10
11:40
@EvolBunny: Indeed! I am just riffing. Practicing for when I get into Chicago and do standup there on the weekends and get mad pussy.
11:40
You only do cardio on the weekends ;)
babycat
11:40
@m10: I have a friend that does this but he doesn’t get mad pussy
m10
11:40
I'll work that in! Sounds like a good way to segway.
m10
11:41
@babycat: yeah, well unlike 99.99% of people who do standup I will.
BulbasaurNoLikeCardio
11:41
To do stand up comedy you have to have fat balls, that is awesome
m10
11:41
Woah, I got little balls. Like Adam Friedland. I ain't no Stavros.
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