Legal Definitions - warranty of merchantability

A warranty of merchantability is a type of guarantee that the goods you buy are fit for their intended purpose. This means that if you buy a product, it should work the way it's supposed to work. For example, if you buy a toaster, it should be able to toast bread without burning it.

According to the U.C.C. § 2-314, an implied warranty of merchantability is automatically included in a contract for sale if the seller is a merchant with respect to goods of that kind. However, this warranty can be waived if the buyer has examined the goods and found no defects or if the buyer refused to examine the goods.

For example, in the case of Webster v. Blue Ship Tea Room, the court found that the plaintiff waived the implied warranty of merchantability because the plaintiff ordered fish chowder, knew what is usually included in fish chowder, and it is natural to expect a fish bone in the chowder. This means that the plaintiff could not sue the restaurant for any harm caused by the fish bone in the chowder because they should have expected it to be there.