ABSTRACT
The two most important implied warranties are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The implied warranty of merchantability arises in sales by merchants or dealers in a particular type of good. It requires that the goods be fit for their ordinary use or purpose. For example, under the UCC, merchant sellers by implication warrant that automobiles are generally safe to drive and that
washing machines are capable of washing clothes. In both cases, the sellers are warranting that their product meets general industry standards. The im plied warranty of fitness for a particular purpose requires that sellers select appropriate goods in those cases in which buyers rely on the sellers’ expertise to do so. For example, a contractor needing a certain type of exterior paint to complete a project might inform the seller that he or she is relying on the seller’s expertise in identifying suitable paint. The implied warranty of fitness for a particular purpose would arise in that sale. If the paint is unfit for the stated purpose, then the seller has breached the implied warranty.
