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Simple English definitions for legal terms

implied warranty of merchantability

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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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18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
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