Asked by Morgan Young on Jun 05, 2024
Verified
Contributory negligence is not a defense to a warranty of merchantability cause of action.
Warranty of Merchantability
A promise, implied by law, that a product sold by a merchant is fit for the general purpose for which it is sold.
Contributory Negligence
A legal principle where the plaintiff's own negligence partially causes their injury, potentially reducing or eliminating their compensation.
- Understand the foundation of the warranty of merchantability and its unique features.
Verified Answer
ZK
Zybrea KnightJun 07, 2024
Final Answer :
True
Explanation :
Contributory negligence is not a defense in a breach of warranty case, including those involving a warranty of merchantability, because warranty claims are based on contract principles rather than tort principles where contributory negligence would apply.
Learning Objectives
- Understand the foundation of the warranty of merchantability and its unique features.