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Simple English definitions for legal terms

implied warranty of merchantability

Read a random definition: Preliminary hearing

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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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